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
The court allowed the petition for eviction due to the respondents' failure to pay rent, totaling Rs. 4,95,240. The court found the petitions established their claims without rebuttal.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A6 established his case as pleaded by him. It shows that the rent is in arrears, and that respondent subletted the premises.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Chacko Varughese alias N.C.Varughese
- Party Age
- 87
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Christy J Varughese
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/S. D.J.VISION
- Party Role
- Defendant
- Party Name
- Mr. Dilu Joseph
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of power of attorney dated 04.05.2012, Original Lease Deed No.2030/2021, Original Lease Deed No.2026/2021, Copy of Legal notice dated 12.08.2022, Original acknowledgment card, Original postal receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Animon A. John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shan V. Shine
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.S. Manu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.A. Anupaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.B Sivaprasad
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.Y. Vijaykumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manju E.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anadhu Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Alint Joseph
- Appearance Type
- Main Counsel
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
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 Mr. Chacko Varughese alias N.C.Varughese et al vs M/S. D.J.VISION et al regarding rent recovery
Case Code Year
Case between Mr. Chacko Varughese alias N.C.Varughese et al vs M/S. D.J.VISION et al regarding rent recovery