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R.C.P. No. 87/2022

Case between Mrs. Elizabeth Reggive et al vs Vinodh P.V. et al regarding Rent Control Petition

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-01-21
Duration
approximately-2 years 3 months 21 days
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners are the owners of a commercial building who seek possession due to unpaid rent and sub-letting by the respondents. The respondents, who are tenants, contest the claim but have failed to provide adequate evidence to support their position.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for possession of the building due to the respondents' default in rent payments and the necessity of the petitioners for business purposes. The respondents were directed to vacate the premises within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building granted to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for possession of the building due to the respondents' default in rent payments and the necessity of the petitioners for business purposes. The respondents were directed to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners established a clear case of arrears of rent and bona fide requirement.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The unrebutted oral testimonies of PW1 and Exts. A1 to A5 and PW2 and Ext. C1 and C2 series established petitioners case as pleaded by them.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(i) 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
Mrs. Elizabeth Reggive
Party Age
66
Relation
W/o
Party Role
Plaintiff
Party Name
Mr. Issac George Mathew
Party Age
40
Relation
S/o
Party Role
Plaintiff
Party Name
Mr. Paul Thekkekara
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
Vinodh P.V.
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
Videep P.V.
Relation
S/o
Party Role
Defendant
Party Name
Mohammed Shabeer
Plaintiffs Documents
Lawyer's notice dated 08.02.2022, Postal receipts (3 in Nos) dated 09.02.2022, Returned envelopes of respondent No. 1, 2, and 3 dated 10.02.2022.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ninan John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ajay Krishnan S.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sanjana Sara Varghese Annie
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 u/s 11(2)(b), 11(3) and 11(4)(i) of the Act with costs.
Relief Type: Other
Outcome: Granted
Description:
The order passed u/S 11(2)(b) shall be subject to the provisions u/S 11(2)(c) of the Act.
Evidence:
The order passed u/S 11(2)(b) shall be subject to the provisions u/S 11(2)(c) 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: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document was the initial notice sent to the respondents regarding the arrears of rent.
Reference:
Ext.A1
Document Type: Postal Receipts
Submitted By: Plaintiff
Relevance:
These receipts served as proof of sending the lawyer's notice.
Reference:
Ext.A2
Document Type: Returned Envelope
Submitted By: Plaintiff
Relevance:
This document is the returned envelope from respondent No. 1, indicating that the notice could not be delivered.
Reference:
Ext.A3
Document Type: Returned Envelope
Submitted By: Plaintiff
Relevance:
This document is the returned envelope from respondent No. 2, indicating that the notice could not be delivered.
Reference:
Ext.A4
Document Type: Returned Envelope
Submitted By: Plaintiff
Relevance:
This document is the returned envelope from respondent No. 3, indicating that the notice could not be delivered.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
This report provided evidence regarding the inspection of the petition schedule building.
Reference:
Ext.C1
Document Type: Photographs
Submitted By: Court
Relevance:
These photographs were part of the evidence from the commission report.
Reference:
Ext.C2
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Witness testimonies from the petitioner were used to support the case.
Reference:

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 Mrs. Elizabeth Reggive et al vs Vinodh P.V. et al regarding Rent Control Petition
Case Code Year
Case between Mrs. Elizabeth Reggive et al vs Vinodh P.V. et al regarding Rent Control Petition

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 01/21/2022 - 12:00
Case Closed
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
95%

Involved Entities

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