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R.C.P. No. 57/2021

Case between Mrs. Bindhu Anil vs Mr. K.V. James regarding non-compliance of rent control order

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-11-18
Duration
approximately-3 years 2 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Mrs. Bindhu Anil filed a petition against Mr. K.V. James concerning non-compliance with a rent control order. The court determined that the respondent failed to comply with the previous orders related to rent arrears.

Judgment Outcome

Plaintiff Won
Interim Order
The court stopped all further proceedings in the rent control petition based on the respondent's failure to comply with previous orders. The respondent was directed to put the petitioner in vacant possession of the building within 30 days.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court stopped all further proceedings in the rent control petition based on the respondent's failure to comply with previous orders. The respondent was directed to put the petitioner in vacant possession of the building within 30 days.
Why Plaintiff Won:
The respondent failed to comply with the order in IA 1/2023 and did not show sufficient cause for not depositing rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the order in IA 1/2023 and did not show sufficient cause for not depositing rent arrears.
Supporting Evidence
In the instant case, more than two months have elapsed after the order has been passed. So far respondent did not complied or show cause.

Judgment Evidence:

Hence an order is passed under Section 12(3) of the act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building within 30 days.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mrs. Bindhu Anil
Party Age
52
Relation
W/o
Party Role
Defendant
Party Name
Mr. K.V. James
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
K.J. Kuriachan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sunil Jacob
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Anil Kumar P.V.
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Directing the respondent to put the petitioner in vacant possession of the building within 30 days.
Evidence:
an order is passed under Section 12(3) of the act stopping all the further proceedings in the rent control petition and directing the respondent to put the petitioner in vacant possession of the building within 30 days.

Documents & Evidence

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mrs. Bindhu Anil vs Mr. K.V. James regarding non-compliance of rent control order
Case Code Year
Case between Mrs. Bindhu Anil vs Mr. K.V. James regarding non-compliance of rent control order

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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