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
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.
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
Plaintiffs
Mr. Jacob Mathai (74 years)
Kappadakkamadam, S/o K.P.Jacob, Flat 11H, Gold Tower, Vazhakkala, Kakkanadu P.O. Thrikkakara Village, Ernakulam District, Pin-682030.
Mr. K.M. Ziauddin (68 years)
G-172, DLF New Town Heights, Seaport Airport Road, Kakkanadu, Ernakulam District, Pin-682030.
Mr. Anwar M Haneef (43 years)
8D-Oak Wood Appartments, Skyline City Park, Jwhar Nagar, Kadavaanthara P.O, Kanayannur Taluk, Elamkulam Village, Ernakulam 682020.
Jiju Eapen (48 years)
Κ.Μ.32/434, Club Jn, Edappally P.O, Thrikkakara North Village, Kanayannur Taluk, Ernakulam-682024.
Puthuparambil John Abraham (69 years)
Puthuparambil House, Moolavattom, Panachikadu Village, Kottayam Taluk, Kottayam District-686026.
Defendants
Antony Devasia (Age not specified years)
57/2142, KP Vallon Road, Kadavanthara, Ernakulam, Kerala 682020.
M/s. Reldor Realtors Pvt Ltd (Age not specified years)
9th Floor, Door Number-48/1744 C 61, NH-66 Chalikkavattom, Vyttila, Ernakulam, Kerala-682019.
M/s. Reldor Resource Management Pvt. Ltd. (Age not specified years)
M/s. Energion Interiors & MEP Contractors Pvt Ltd (Age not specified years)
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