Case Summary
The petitioners are seeking enforcement of a previous High Court order regarding the deposit of rent arrears by the respondent. The respondent failed to comply with the order to deposit the arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner shall be put in vacant possession of the plaint scheduled room.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the eviction of the respondent due to their failure to deposit the rent arrears as previously directed by the High Court.
Why Plaintiff Won:
The respondent failed to comply with the High Court's directive to deposit the arrears.
The respondent failed to comply with the High Court's directive to deposit the arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the High Court's directive to deposit the arrears.
The respondent failed to comply with the High Court's directive to deposit the arrears.
Supporting Evidence
It was directed by the Hon’ ble High Court to deposit the entire arrears from 2009 within four weeks from the date of order.
Judgment Evidence:
As the respondent failed to deposit the arrears as directed, the proceedings is stopped U/s 12 (3) BRC Act and the respondent shall be evicted. Hence the petitioner shall be put in vacant possession of the plaint scheduled room.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jose Mathew
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr. K.J. Mathew
- Party Age
- 83
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aleykutty Joseph
- Party Age
- 83
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Merliz Stanely
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Rani Xavier
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.S. Ninan
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K Karjet
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A J Dominic
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
the respondent shall be evicted
Evidence:
As the respondent failed to deposit the arrears as directed, the proceedings is stopped U/s 12 (3) BRC Act and the respondent shall be evicted.
Relief Type:
Possession
Outcome:
Granted
Description:
the petitioner shall be put in vacant possession of the plaint scheduled room
Evidence:
Hence the petitioner shall be put in vacant possession of the plaint scheduled room.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Jose Mathew et al vs K.S. Ninan regarding Rent Control proceedings
Case Code Year
Case between Jose Mathew et al vs K.S. Ninan regarding Rent Control proceedings