Case Summary
M.J. Francis filed a petition against Jose Sinil for non-compliance with a previous order related to rent arrears. The court found that Jose Sinil failed to comply with the order and ruled accordingly.
Judgment Outcome
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 that the respondent, Jose Sinil, did not comply with the court order regarding rent arrears. Consequently, the petition was closed and the respondent was ordered to give possession of the building to the petitioner.
Why Plaintiff Won:
Respondent failed to comply with the previous court order and did not show cause for their non-compliance.
Respondent failed to comply with the previous court order and did not show cause for their non-compliance.
Losing Side's Weaknesses:
Respondent failed to comply with the previous court order and did not show cause for their non-compliance.
Respondent failed to comply with the previous court order and did not show cause for their non-compliance.
Supporting Evidence
In the instant case, more than one and half month has elapsed after the order has been passed. So far respondent did not complied or show cause.
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 from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.J. Francis
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jose Sinil
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S. Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N. Sudha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Babu Shankar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alvin Jewel S.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vidhya T.U.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreelakshmi B.T.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Menino Futo
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.A. Sreekumar
- 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 30 days from today.
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.J. Francis vs Jose Sinil regarding compliance of rent control petition
Case Code Year
Case between M.J. Francis vs Jose Sinil regarding compliance of rent control petition