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
Judgment Favored
Plaintiff
Relief Granted
Order to surrender possession of the shop room within one month.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Court confirmed the landlord-tenant relationship and the non-payment of rent by the second respondent.
Court confirmed the landlord-tenant relationship and the non-payment of rent by the second respondent.
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
Plaintiffs
Molly Mathew (69 years)
Keerampilly House Vaduthala Desom, Cheranellore Village, Kanayannur Taluk.
Joseph Newton (34 years)
Keerampilly House, Vaduthala Desom, Cheranellore Village, Kanayannur Taluk.
Thomas Vibin (33 years)
Keerampilly House, Vaduthala Desom, Cheranellore Village, Kanayannur Taluk.
Samson (31 years)
Keerampilly House, Vaduthala Desom, Cheranellore Village, Kanayannur Taluk.
Defendants
Mr. Jossy Antony (52 years)
Velikkakthparambil, Behind Subramania Swamy Temple, Mahatma Grandalyam Road, Vaduthala, Kochi - 682023.
Smt. Mary Xavier (60 years)
Mitttathully Madoothil, Edayakunnam, South Cittor P.O., Cheranellore Village, Kanayannur Taluk, Kochi-682 034
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: