Case Summary
The case involves petitioners Mr. Jacob Mathai and others seeking eviction of respondent Antony Devasia for failure to pay rent and clear dues under a lease agreement. The petitioners claim that significant rent arrears have accumulated and the respondent has not vacated the premises despite a termination notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the premises and pay the costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioners' request, instructing the respondent to vacate the premises within 30 days and ordered costs to be paid to the petitioners. The petition was allowed based on the evidence presented.
Why Plaintiff Won:
The evidence established the petitioner's entitlement to relief based on the arrears owed and their bona fide need for the property.
The evidence established the petitioner's entitlement to relief based on the arrears owed and their bona fide need for the property.
Losing Side's Weaknesses:
The evidence established the petitioner's entitlement to relief based on the arrears owed and their bona fide need for the property.
The evidence established the petitioner's entitlement to relief based on the arrears owed and their bona fide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A2 established their case as pleaded by them. It shows that the rent is in arrears. The bonafide need was also projected by the petitioners.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- 1.The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Jacob Mathai
- Party Age
- 74
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr. K.M. Ziauddin
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr. Anwar M Haneef
- Party Age
- 43
- Relation
- Representative of
- Party Role
- Plaintiff
- Party Name
- Jiju Eapen
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Puthuparambil John Abraham
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Antony Devasia
- Relation
- Authorized Signatory
- Party Role
- Defendant
- Party Name
- M/s. Reldor Realtors Pvt Ltd
- Party Role
- Defendant
- Party Name
- M/s. Reldor Resource Management Pvt. Ltd.
- Party Role
- Defendant
- Party Name
- M/s. Energion Interiors & MEP Contractors Pvt Ltd
Plaintiffs Documents
Original Lease Deed dated 11.05.2022, Copy of Lawyer's notice dated 03.01.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Renjith R. Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anju Mohan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ansil
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/ petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The original lease deed dated 11.05.2022 between the parties was established to support the case of the petitioners.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The copy of lawyer's notice dated 03.01.2024 was accepted and appreciated in evidence.
Reference:
Ext.A2
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. Jacob Mathai et al vs Antony Devasia regarding lease and rent arrears
Case Code Year
Case between Mr. Jacob Mathai et al vs Antony Devasia regarding lease and rent arrears
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour