Case Summary
K.V.Gopinathan Nair is the petitioner seeking compliance from Smt. Simna Shaji regarding rent payments. The case involves proceedings for possession of a rented property due to non-compliance with a prior court order.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered that the respondent must vacate the premises as they failed to comply with the payment order.
Why Plaintiff Won:
The respondent failed to comply with the court's order and did not show sufficient cause for the default.
The respondent failed to comply with the court's order and did not show sufficient cause for the default.
Losing Side's Weaknesses:
The respondent failed to comply with the court's order and did not show sufficient cause for the default.
The respondent failed to comply with the court's order and did not show sufficient cause for the default.
Supporting Evidence
The respondent having failed to comply with the order in IA 3/2024 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 forthwith.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.V.Gopinathan Nair
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Simna Shaji
- Relation
- D/o
Plaintiffs Documents
Rent Control Petition, Vakalath
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Ajith Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.C. Xavier
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vrinda Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sidharth. P.Sasi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Joseph Mathew
- 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
- Defendant
- Advocate Name
- Roshitha A.U.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jalaludeen Muhammed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Respondent is directed to put the petitioner in vacant possession of the building forthwith.
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 forthwith.
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.V.Gopinathan Nair vs Smt. Simna Shaji regarding Rent Control
Case Code Year
Case between K.V.Gopinathan Nair vs Smt. Simna Shaji regarding Rent Control