Case Summary
M Vijaya Sankar filed a petition against Mrs. Sandhya S Pai for non-compliance with a prior order regarding rent arrears. The court determined that the respondent failed to comply within the stipulated time, leading to the petitioner's request for possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner is granted possession of the building.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to put the petitioner in vacant possession of the building due to non-compliance with prior rent payment orders.
Why Plaintiff Won:
The respondent failed to comply with the previous court order regarding rent arrears, and did not provide a sufficient cause for this failure.
The respondent failed to comply with the previous court order regarding rent arrears, and did not provide a sufficient cause for this failure.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The respondent having failed to comply with the order in IA 5/2024 and having failed to show sufficient cause for not depositing rent arrears is 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
- M Vijaya Sankar
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Sandhya S Pai
- Party Age
- 43
- Relation
- D/o
Plaintiffs Documents
Affidavit of non-compliance of said order by the respondent.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.B. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Dileep Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Tesmy Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The 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 M Vijaya Sankar vs Mrs. Sandhya S Pai regarding rent control compliance
Case Code Year
Case between M Vijaya Sankar vs Mrs. Sandhya S Pai regarding rent control compliance