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R.C.P. No.177/2015

Case between Molly Mathew et al vs Jossy Antony et al regarding rent control and eviction.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR.
Order Date
2024-11-30
Duration
approximately-9 years 9 months
Case Closed
Sat, 11/30/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Molly Mathew and her children filed a petition against Jossy Antony and Mary Xavier regarding unauthorized subletting and arrears of rent for a shop room. The petitioners seek recovery of possession and eviction based on the claim of landlord-tenant relationship.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the petitioners, allowing their petition for eviction based on established landlord-tenant relationship and non-payment of rent. The second respondent was ordered to vacate the premises.
Judgment Favored
Plaintiff
Relief Granted
Order to surrender possession of the shop room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioners, allowing their petition for eviction based on established landlord-tenant relationship and non-payment of rent. The second respondent was ordered to vacate the premises.
Why Plaintiff Won:
Court confirmed the landlord-tenant relationship and the non-payment of rent by the second respondent.
Losing Side's Weaknesses:
Court confirmed the landlord-tenant relationship and the non-payment of rent by the second respondent.
Supporting Evidence
The petitioners are the owners in possession of the petition schedule room. The second respondent was found to be a sub-tenant without proper rights. The court confirmed that the second respondent has a non-existing tenancy relationship with the petitioners.

Judgment Evidence:

The petition is allowed under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act directing the 2nd respondent to surrender the vacant possession of the petition schedule shop room to the petitioners within one month from the date of this order.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Molly Mathew
Party Age
69
Relation
W/o
Party Role
Plaintiff
Party Name
Joseph Newton
Party Age
34
Relation
S/o
Party Role
Plaintiff
Party Name
Thomas Vibin
Party Age
33
Relation
S/o
Party Role
Plaintiff
Party Name
Samson
Party Age
31
Relation
S/o
Party Role
Defendant
Party Name
Mr. Jossy Antony
Party Age
52
Relation
S/o
Party Role
Defendant
Party Name
Smt. Mary Xavier
Party Age
60
Plaintiffs Documents
Certified copies of decrees in OS 166/1982, tax receipts, various notices.
Defendants Documents
Electricity and water bills, property tax receipts.

Advocates

Party Role
Plaintiff
Advocate Name
Antony Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sasindharan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.B. Vimal Raj
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
V. Thulaeedharan Pillai
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
To surrender the vacant possession of the petition schedule shop room
Evidence:
The petition is allowed under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act directing the 2nd respondent to surrender the vacant possession of the petition schedule shop room to the petitioners within one month from the date of this order.
Relief Type: Costs
Outcome: Granted
Description:
The petitioners are entitled to get costs from the second respondent.
Evidence:
The petitioners are entitled to get costs from the second respondent.

Documents & Evidence

Document Type: Certified copy of the preliminary decree
Submitted By: Plaintiff
Relevance:
Support for the petitioners' claim of ownership
Reference:
Ext.A1
Document Type: Certified copy of the final decree
Submitted By: Plaintiff
Relevance:
Final decree supporting petitioners' claim of ownership
Reference:
Ext.A2
Document Type: Original basic Tax receipt
Submitted By: Plaintiff
Relevance:
Evidence of tax payment confirming ownership
Reference:
Ext.A3
Document Type: Original of property tax receipt
Submitted By: Plaintiff
Relevance:
Further evidence of the petitioners' ownership
Reference:
Ext.A4
Document Type: Original receipt as Licence fee
Submitted By: Plaintiff
Relevance:
Licensing evidence supporting petitioners’ claim
Reference:
Ext.A5
Document Type: Certified copy of the property tax assessment list
Submitted By: Plaintiff
Relevance:
Documentation of tax assessments backing ownership
Reference:
Ext.A6
Document Type: Original order of the Health Officer
Submitted By: Plaintiff
Relevance:
Evidence of unauthorized actions against the petitioners
Reference:
Ext.A7
Document Type: Original property tax receipt
Submitted By: Plaintiff
Relevance:
Additional evidence of ownership
Reference:
Ext.A8
Document Type: Office Copy of Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Final notice demanding possession and arrears
Reference:
Ext.A9
Document Type: Original acknowledgment card
Submitted By: Plaintiff
Relevance:
Proof of notice acknowledgment
Reference:
Ext.A10
Document Type: Original acknowledgment card
Submitted By: Plaintiff
Relevance:
Proof of notice acknowledgment
Reference:
Ext.A10(a)
Document Type: Original of the electricity Bill
Submitted By: Defendant
Relevance:
Evidence presented to claim ownership
Reference:
Ext.B1
Document Type: Original of the water bill
Submitted By: Defendant
Relevance:
Evidence presented to claim ownership
Reference:
Ext.B2
Document Type: Property tax receipt issued by Corporation of Cochin
Submitted By: Defendant
Relevance:
Evidence presented to support defendant's claim
Reference:
Ext.B3
Document Type: Certified copy of Judgment in OS 2091/1997
Submitted By: Defendant
Relevance:
Referenced judgment concerning property ownership
Reference:
Ext.B4
Document Type: Certified copy of Decree in court OS 2091/1997
Submitted By: Defendant
Relevance:
Referenced decree concerning property ownership
Reference:
Ext.B5
Document Type: Copy of receipt issued from Corporation of Cochin
Submitted By: Defendant
Relevance:
Evidence related to business license ownership
Reference:
Ext.B6
Document Type: Certified copy of RCP 60/2007
Submitted By: Defendant
Relevance:
Referenced case regarding property and eviction
Reference:
Ext.B7
Document Type: Oral Evidence
Submitted By: Court
Relevance:
Court considered testimonies from witnesses
Reference:

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 Molly Mathew et al vs Jossy Antony et al regarding rent control and eviction.
Case Code Year
Case between Molly Mathew et al vs Jossy Antony et al regarding rent control and eviction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 05/01/2015 - 12:00
Case Closed
Sat, 11/30/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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