Case Summary
Jose Thomas, the petitioner, filed a rent control petition against Ranjith Varma, the respondent, seeking eviction and payment of rent arrears. The court ruled on the non-compliance of the respondent regarding rental payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court rejected the respondent's show cause regarding non-payment of rent and directed them to vacate the premises, restoring possession to the petitioner.
Why Plaintiff Won:
The court found the respondent's show cause for non-compliance to be unsatisfactory.
The court found the respondent's show cause for non-compliance to be unsatisfactory.
Losing Side's Weaknesses:
The court found the respondent's show cause for non-compliance to be unsatisfactory.
The court found the respondent's show cause for non-compliance to be unsatisfactory.
Supporting Evidence
Upon considering the agreement dated 14.02.2023, it is evident that there is no understanding in writing or such understanding can be inferred from the terms and conditions contained in the above said agreement that the petitioner and the respondent entered into the figures payable by the respondent after settling all the dues of rent.
Judgment Evidence:
In the result, the show cause furnished by the respondent is rejected. The respondents/tenants are directed to put the landlord/petitioner in possession of the petition schedule building under Section 12(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jose Thomas
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ranjith Varma
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Shaji Chirayath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pradeesh Chacko
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jiji M. Varkey
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Swathy E.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.Y. Simsar Ul Haq
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sivaram R. Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Soubhagya Sagar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents/tenants are directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
the respondents/tenants are directed to put the landlord/petitioner in possession of the petition schedule building under Section 12(3) of the Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent was directed to pay or deposit monthly rent of Rs. 45,000/- from February 2022 to 14.02.2023.
Evidence:
IA 1/23 was allowed on 29.11.2023 directing the respondents to pay or deposit monthly rent of Rs. 45,000/- (Rupees Forty Five Thousand) from February 2022 to 14.02.2023 within 30 days from the date of order.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Jose Thomas vs Ranjith Varma regarding eviction under Kerala Buildings (Lease and Rent Control) Act, 1965
Case Code Year
Case between Jose Thomas vs Ranjith Varma regarding eviction under Kerala Buildings (Lease and Rent Control) Act, 1965