Case Summary
Joseph Thomas, the plaintiff, seeks eviction of defendant T. M. John for non-payment of rent and recovery of arrears. The plaintiff claims arrears of ₹88,000 for 55 months and needs the premises for his own rubber business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the defendant and recovery of ₹88,000/- in rent arrears with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the premises and pay the specified arrears.
Why Plaintiff Won:
The court found the plaintiff's evidence credible and the defendant's claims regarding the rental agreement invalid.
The court found the plaintiff's evidence credible and the defendant's claims regarding the rental agreement invalid.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is held that the continued possession of the demised premises after the termination of the lease under Section 111 of the TP Act is in the capacity of a tenant at sufferance, that is, a trespasser without lawful authority.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: The defendant is ordered to vacate the two plaint schedule shop rooms to the plaintiff within one month from the date of this judgment.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Joseph Thomas
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- T. M. John
- Party Age
- 77
- Relation
- S/o
Plaintiffs Documents
Ext. A1 06.06.2016 Agreement, Ext. A2 25.10.2022 Advocate Notice, Ext. A3 01.12.2022 Postal Receipt, Ext. A4 01.12.2022 Returned Cover
Defendants Documents
Ext. B1 16.08.2022 Letter to State Public Information Officer & Station House Officer, Pala Police Station, Ext. B2 06.12.2022 Money Order Receipt
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jaison Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Seby Cherian
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The plaintiff requested eviction of the defendant from the shop rooms.
Evidence:
The defendant is ordered to vacate the two plaint schedule shop rooms to the plaintiff within one month from the date of this judgment.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiff sought recovery of ₹88,000 in rent arrears.
Evidence:
The defendant is liable to pay ₹88,000/- (Rupees Eighty-Eight Thousand Only) in rent arrears to the plaintiff from 06.04.2018 to 30.11.2022.
Relief Type:
Costs
Outcome:
Granted
Description:
The plaintiff is entitled to receive costs from the defendant.
Evidence:
The plaintiff is found eligible to receive costs.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
The document evidences the rental agreement between the plaintiff and the defendant for the shop rooms.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the defendant demanding eviction due to rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of communication related to the case.
Reference:
Ext.A3
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document helps establish the communication of notices to the defendant.
Reference:
Ext.A4
Document Type:
Letter to State Public Information Officer & Station House Officer
Submitted By:
Defendant
Relevance:
This letter was relevant to the defendant's claims in the case.
Reference:
Ext.B1
Document Type:
Money order receipt
Submitted By:
Defendant
Relevance:
The receipt serves as evidence of payment made by the defendant.
Reference:
Ext.B2
Document Type:
Postal Track Consignment
Submitted By:
Defendant
Relevance:
This document was used to track correspondence relevant to the case.
Reference:
Ext.B3
Document Type:
Postal Track Consignment
Submitted By:
Defendant
Relevance:
This document was used to track correspondence relevant to the case.
Reference:
Ext.B4
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
The photographs contributed to the evidence presented by the defendant.
Reference:
Ext.B5
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Pala
Common Reasons
Non-payment of rent
Case Code
Case between Joseph Thomas vs T. M. John regarding eviction and recovery of rent arrears
Case Code Year
Case between Joseph Thomas vs T. M. John regarding eviction and recovery of rent arrears