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R.C.P. No. 71/2024

Case between K R Mohandas vs Riyas Yusuf regarding rent control petition

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2025-03-14
Duration
approximately-1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court found the respondent in default for not complying with the payment order. Consequently, the court ordered the respondent to vacate the premises.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Sat, 03/01/2025 - 12:00
To
Mon, 03/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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