Case Summary
Mr. Chacko Varughese and Christy J Varughese are the petitioners seeking to evict M/S. D.J.VISION and Mr. Dilu Joseph for non-payment of rent. The court found the respondents in arrears and allowed the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court found the petitioner established their case with unrebutted evidence and clear defaults in rent payments.
The court found the petitioner established their case with unrebutted evidence and clear defaults in rent payments.
Judgment Evidence:
In the result, The petition is allowed under Section 11(2)(b), and 11(4)(iii) of the Act with costs as follows:- 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Mr. Chacko Varughese alias N.C.Varughese (87 years)
Flat No.5A, Skyline Palmshade Apartment, Thrikkakara North Village, Kanayannur Taluk, Edappally -682024
Christy J Varughese (57 years)
Flat No. C3, Palladium Pavlon Apartment Edappally-682024
Defendants
M/S. D.J.VISION (Age not specified years)
"DEEPTHI", BTS Road Edappally Post, Edappally North Village, Ernakulam-682024
Mr. Dilu Joseph (50 years)
"DEEPTHI", BTS Road Edappally Post, Edappally North Village, Ernakulam-682024
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed under Section 11(2)(b), and 11(4)(iii) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The document establishes the authority of the petitioner to represent the other petitioner.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The original lease deed evidences the rental agreement between the petitioners and respondents.
Reference:
Ext.A2
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The original lease deed evidences another rental agreement relevant to the case.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The copy of the legal notice requested the respondents to settle rent arrears and vacate the premises.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The original acknowledgment card is evidence related to the delivery of the legal notice.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The original postal receipt is evidence of sending the legal notice.
Reference:
Ext.A6