Case Summary
The case involves a petition filed by Mrs. Fouziya Mohammed Ashraf and Mohammed Ashraf against Bincy Saju regarding compliance with a prior order in a rent control petition. The court had to address the failure of the respondent to comply with the order to deposit rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to put the petitioner in vacant possession of the building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court found that the respondent failed to comply with the prior order regarding rent arrears and ruled to stop all further proceedings in the rent control petition. The respondent was directed to vacate the premises within 30 days.
Why Plaintiff Won:
The respondent failed to comply with the order to deposit rent arrears.
The respondent failed to comply with the order to deposit rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the order to deposit rent arrears.
The respondent failed to comply with the order to deposit rent arrears.
Supporting Evidence
The respondent having failed to comply with the order in IA 1/2023 and having failed to show sufficient cause for not depositing rent arrears is liable to suffer consequence under Section 12(3) of the Act.
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. Fouziya Mohammed Ashraf
- Party Age
- 65
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mohammed Ashraf
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bincy Saju
- Party Age
- 50
- Relation
- W/o
Plaintiffs Documents
Petitioner's Costs: Stamp on Rent Control Petition, Stamp on Vakalath, Stamp on Petition, Stamp on Documents.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Shanavas Khan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Rajesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N.J. Prince
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Daison Komath
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
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.
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.
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. Fouziya Mohammed Ashraf vs Bincy Saju regarding rent control petition
Case Code Year
Case between Mrs. Fouziya Mohammed Ashraf vs Bincy Saju regarding rent control petition