Case between Mr.Dinoj M.R. vs Mrs. Betsy Prasant et al regarding review of rent control petition

Case Summary

Mr. Dinoj M.R. filed a review petition against Mrs. Betsy Prasant and Prasant Abraham regarding arrears of rent. The case revolves around allegations of unpaid rent and claims of experiencing financial difficulties during the COVID-19 pandemic.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the review petition in part, correcting the amount of unpaid rent previously ordered. The court directed the petitioner to deposit specific amounts as arrears due within a stipulated time.

Judgment Favored

Plaintiff

Relief Granted

The petitioner is directed to deposit Rs.1,62,316/- and Rs.2,84,716/- as arrears.

Case Type

Review Petition

Final Judgment

No

The court allowed the review petition in part, correcting the amount of unpaid rent previously ordered. The court directed the petitioner to deposit specific amounts as arrears due within a stipulated time.

Why Plaintiff Won:
The court found an error in the previous order regarding the amount of rent due.

Losing Side's Weaknesses:
The court found an error in the previous order regarding the amount of rent due.

Supporting Evidence

Here it is relevant to note Sub-rule 2(b) of Rule 4 of Order 47 of Code of Civil Procedure, as it is made clear that no such application for review shall be granted on the ground of discovery of new matter or evidence, which the applicant alleges was not within his knowledge or could not be adduced by him when the decree or order was passed or made, without strict proof of such allegation.

Judgment Evidence:

In the result, the petition is allowed in part by reviewing the order dated 18.11.2024 in IA 3/2023 as follows; i. The petitioner herein is hereby directed to deposit an amount of Rs.1,62,316/- ( Rupees One Lakh Sixty Two Thousand Three Hundred and Sixteen only) pending as on 30.10.2021, within 15 days from today. ii. The petitioner herein is hereby directed to deposit an amount of Rs.2,84,716/- ( Rupees Two Lakh Eighty Four Thousand Seven Hundred and Sixteen only) pending as on November 2023, within 15 days from today.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mrs. Betsy Prasant
Party Age: 66
Relation: W/o

Party Role: Plaintiff
Party Name: Mr.Prasant Abraham
Party Age: 70
Relation: S/o

Party Role: Defendant
Party Name: Mr.Dinoj M.R.
Party Age: 42
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Zakir Hussain
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: P.N. Anoop
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: P.S. Nandanan
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Sandeep Sudhakaran M.S.
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Recovery

Outcome: Partly Granted

Description:

The petitioner is directed to deposit an amount of Rs.1,62,316/- pending as on 30.10.2021 and Rs.2,84,716/- pending as on November 2023.

Evidence:

the petition is allowed in part by reviewing the order dated 18.11.2024 in IA 3/2023 as follows; i.The petitioner herein is hereby directed to deposit an amount of Rs.1,62,316/- ( Rupees One Lakh Sixty Two Thousand Three Hundredand Sixteen only) pending as on 30.10.2021, within 15 days from today. ii.The petitioner herein is hereby directed to deposit an amount of Rs.2,84,716/- ( Rupees Two Lakh Eighty Four Thousand Seven Hundred and Sixteen only) pending as on November 2023, within 15 days from today.

Relief Type: Injunction

Outcome: Granted

Description:

The petitioner shall continue to remit the rent at the rate of Rs.23,000/- which may subsequently fall due.

Evidence:

iii.The petitioner shall continue to remit the rent at the rate of Rs.23,000/-(Rupees Twenty Three Thousand only), which may subsequently fall due, within 15 days from the date of due till the culmination of rent control proceedings.

Documents & Evidence

Case Classification