Case Summary
Kandathil Mathew Oommen filed a rent control petition against Eljove C. Chummar for non-compliance with a previous order regarding rent arrears. The court found the respondent failed to comply and ordered him to vacate the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner to be put in vacant possession of the building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court found that the respondent did not comply with the previous order and thus ordered the respondent to vacate the property.
Why Plaintiff Won:
The respondent failed to comply with the court's order regarding payment of rent arrears.
The respondent failed to comply with the court's order regarding payment of rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the court's order regarding payment of rent arrears.
The respondent failed to comply with the court's order regarding payment of rent arrears.
Supporting Evidence
The respondent having failed to comply with the order in IA 2/2024 and having failed to show sufficient cause for not depositing rent arrears in liable to suffer consequence under Section 12(3) of the Act.
Judgment 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kandathil Mathew Oommen
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Eljove C. Chummar
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shibu Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilah B.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raji Mahesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Basil Baby Cheruvillil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhilash B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Joseph Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Devika Suresh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Fida P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A.T. Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jose Paul Thottan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Benraj K.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Fathima Razak
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aiswarya Sajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the respondent 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 30days.
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 Kandathil Mathew Oommen vs Eljove C. Chummar regarding compliance with rent arrears.
Case Code Year
Case between Kandathil Mathew Oommen vs Eljove C. Chummar regarding compliance with rent arrears.