Case Summary
The petitioners, Mathew Tharian and Santhi Mathew, are seeking possession of a rented property from the respondents, Weespaces Pvt.Ltd. and Sankesh Sreenivas, due to default in rent payment. The second petitioner requires the property for her architectural office.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building and costs
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondents to vacate the property within 30 days. The petitioners are also entitled to costs.
Why Plaintiff Won:
The petitioners established their case and demonstrated the bonafide need for the premises.
The petitioners established their case and demonstrated the bonafide need for the premises.
Losing Side's Weaknesses:
The petitioners established their case and demonstrated the bonafide need for the premises.
The petitioners established their case and demonstrated the bonafide need for the premises.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 established their case as pleaded by them.
Judgment Evidence:
In the result, The petition is allowed under Section 11(3) of the Act with costs as follows:- The respondents/tenants are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mathew Tharian
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Santhi Mathew
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Weespaces Pvt.Ltd.
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sankesh Sreenivas
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Power of Attorney dated 11.09.2012, Rent agreement dated 14.08.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.R. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.S. Letha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin Venugopal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kurian Maxie
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anu Rose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T. Jaleel
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shijosh K.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Respondents are directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed under Section 11(3) of the Act with costs as follows:- The respondents/tenants are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Petitioners are entitled to get the costs of the petition from the respondents.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Establishes the authority of the second petitioner to represent in legal matters.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Details the lease terms between petitioners and respondents, though it was rejected due to lack of foundational evidence.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Default in payment of rent
Case Code
Case between Mathew Tharian et al vs Weespaces Pvt.Ltd. et al regarding Rent Control Petition
Case Code Year
Case between Mathew Tharian et al vs Weespaces Pvt.Ltd. et al regarding Rent Control Petition