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R.C.P. No. 105/2023

Case between Rani Jose vs Ranjith Varma regarding arrears of rent

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
Sri. Reghunath N.S.
Order Date
2024-03-12
Duration
approximately-1 year 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Rani Jose filed a petition against Ranjith Varma seeking arrears of rent. The court directed Ranjith Varma to comply with the payment order, which he failed to do.

Judgment Outcome

Plaintiff Won
Interim Order
The court rejected the show cause furnished by the respondent for non-compliance with the order to pay arrears of rent and directed the respondent to relinquish possession of the property to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
Directed the respondent to put the landlord/petitioner in possession of the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court rejected the show cause furnished by the respondent for non-compliance with the order to pay arrears of rent and directed the respondent to relinquish possession of the property to the petitioner.
Why Plaintiff Won:
The court found the respondent's arguments regarding the exit agreement unsustainable and noted non-compliance with the previous orders.
Losing Side's Weaknesses:
The court found the respondent's arguments regarding the exit agreement unsustainable and noted non-compliance with the previous orders.
Supporting Evidence
It is found that the show cause furnished by the respondent is not satisfactory and tenable and the reasons stated therein cannot be considered as a sufficient cause for absolving the liability of the respondent to pay the arrears of rent as directed in IA 3/23 passed under Section 12(1) of the Act.

Judgment Evidence:

In exercise of the power conferred under Section 12(3) of the Act, the respondent/tenants are directed to put the landlord/petitioner in possession of the petition schedule building under Section 12(3) of the Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rani Jose
Party Age
67
Relation
W/o
Party Role
Defendant
Party Name
Ranjith Varma
Party Age
45
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Shaji Chirayath
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Pradeesh Chacko
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jiji M. Varkey
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Swathy
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K Y Simsar UL Haq
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sivaram R. Menon
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Soubhagya Sagar
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The court directed the respondent to pay Rs. 45,000/- per month as arrears of rent from February 2022 till 14.02.2023 within 30 days.
Evidence:
the court passed an order directing the respondent to pay Rs. 45,000/- per month as arrears of rent from February 2022 till 14.02.2023 within 30 days from the date of order.
Relief Type: Possession
Outcome: Granted
Description:
The court directed the respondent/tenants to put the landlord/petitioner in possession of the petition schedule building under Section 12(3) of the Act.
Evidence:
the respondent/tenants are directed to put the landlord/petitioner in possession of the petition schedule building under Section 12(3) of the Act.

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 Rani Jose vs Ranjith Varma regarding arrears of rent
Case Code Year
Case between Rani Jose vs Ranjith Varma regarding arrears of rent

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 01/01/2023 - 12:00
Case Closed
From
Fri, 03/01/2024 - 12:00
To
Sun, 03/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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