Case Summary
The petitioner, K R Mohandas, filed a rent control petition against the respondent, Riyas Yusuf, for non-compliance with a payment order. The court ordered the respondent to vacate the property due to failure to comply with rent arrears payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to put the petitioner in vacant possession of the building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court found the respondent in default for not complying with the payment order. Consequently, the court ordered the respondent to vacate the premises.
Why Plaintiff Won:
The respondent failed to comply with the court's order regarding rent arrears.
The respondent failed to comply with the court's order regarding rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the court's order regarding rent arrears.
The respondent failed to comply with the court's order regarding rent arrears.
Supporting Evidence
The full bench of the Hon'ble High court in Shaji M v. SNDP Sakhayogam reported in 2020(2) KHC 574, held that consequence provided under section 12(3) follows when there occurs a default in complying the direction for deposit or payment of admitted arrears.
Judgment Evidence:
Hence this court is of the view that, the respondent having failed to comply with the order in IA 03/2024 and having failed to show sufficient cause for not depositing rent arrears in liable to suffer consequence under section 12(3) of the Act. Hence an order is passed under section 12(3) of the act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building within 30 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K R Mohandas
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Riyas Yusuf
Plaintiffs Documents
Petition under Section 11(2) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act 2 of 1965
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.K. Sreejith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neena C.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.R. S. Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deena Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Deepa R. Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Radhika Iyer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sona Mariya Paulose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Amrutha Premjith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the petitioner in vacant possession of the building within 30 days.
Evidence:
Hence an order is passed under section 12(3) of the act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building within 30 days.
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
Case Code
Case between K R Mohandas vs Riyas Yusuf regarding rent control petition
Case Code Year
Case between K R Mohandas vs Riyas Yusuf regarding rent control petition