Case Summary
The petitioner, N.X. Joseph Jason, filed a rent control petition against Mymoonath and V.U. Musthafa for eviction due to non-payment of rent and illegal subletting. The respondents contested the claims, asserting that they had not defaulted on rent and had been granted permission for occupancy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the first respondent and costs awarded to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioner, allowing eviction of the first respondent and addressing the issue of rent arrears, confirming that the first respondent had not paid rent since April 2006.
Why Plaintiff Won:
The court found the claims of non-payment and illegal subletting substantiated.
The court found the claims of non-payment and illegal subletting substantiated.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court confirmed that the first respondent had accepted subletting, failing to provide a credible defense against eviction.
Judgment Evidence:
In the result, the petition is allowed as follows; (i) The eviction sought under Section 11(2)(b) of the Act is allowed, and the 1st respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N.X. Joseph Jason
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mymoonath
- Party Age
- 62
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- V.U. Musthafa
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Application submitted before Cochin Municipal Corporation along with reply received under RTI Act, Death certificate of N.G. Xavier, Death certificate of Tressa Xavier.
Defendants Documents
Professional tax receipts, Original license fees.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- L. Aloysius Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the first respondent under Section 11(2)(b) of the Act.
Evidence:
The eviction sought under Section 11(2)(b) of the Act is allowed, and the 1st respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents under Section 11(4)(i) of the Act.
Evidence:
The eviction sought under Section 11(4)(i) of the Act is allowed, and the respondents are directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Cost
Outcome:
Granted
Description:
Petitioner entitled to costs of the proceedings from the respondents.
Evidence:
Hence, the petitioner is entitled to get the costs of the proceedings from the respondents.
Documents & Evidence
Document Type:
Application
Submitted By:
Plaintiff
Relevance:
Application submitted before Cochin Municipal Corporation along with reply received under RTI Act.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice issued to the first respondent seeking to terminate the sublease with the second respondent.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card for lawyer's notice.
Reference:
Ext.A8
Document Type:
Will
Submitted By:
Plaintiff
Relevance:
Will No.99/1982 showing the ownership.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of N.G. Xavier.
Reference:
Ext.A10
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Tressa Xavier.
Reference:
Ext.A11
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 29.09.2025.
Reference:
Ext.A12
Document Type:
Professional tax receipt
Submitted By:
Defendant
Relevance:
Professional tax receipt confronted and marked through PW1.
Reference:
Ext.B1
Document Type:
License fee
Submitted By:
Defendant
Relevance:
Original license fee.
Reference:
Ext.B2
Document Type:
License fee
Submitted By:
Defendant
Relevance:
Original license fee.
Reference:
Ext.B3
Document Type:
Professional tax
Submitted By:
Defendant
Relevance:
Original professional tax.
Reference:
Ext.B4
Document Type:
Professional tax
Submitted By:
Defendant
Relevance:
Original professional tax.
Reference:
Ext.B5
Document Type:
License fee
Submitted By:
Defendant
Relevance:
Original license fee.
Reference:
Ext.B6
Document Type:
Professional tax
Submitted By:
Defendant
Relevance:
Original professional tax.
Reference:
Ext.B7
Document Type:
License fee
Submitted By:
Defendant
Relevance:
Original license fee.
Reference:
Ext.B8
Document Type:
Professional tax
Submitted By:
Defendant
Relevance:
Original professional tax.
Reference:
Ext.B9
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 N.X. Joseph Jason vs Mymoonath et al regarding eviction and rental arrears
Case Code Year
Case between N.X. Joseph Jason vs Mymoonath et al regarding eviction and rental arrears