Case Summary
The petitioner, Rosy, is seeking compliance of a previous order regarding rent arrears from the respondent, Ajna Ajayan. The case involves the landlord-tenant relationship under the Kerala Buildings Lease & Rent Control Act, 1965.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The court directed the respondent to put the petitioner in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court found that the respondent failed to comply with previous orders regarding rent payment and thus directed the respondent to transfer vacant possession of the building to the petitioner.
Why Plaintiff Won:
The respondent failed to comply with the order for deposit of rent arrears.
The respondent failed to comply with the order for deposit of rent arrears.
Losing Side's Weaknesses:
The respondent failed to comply with the order for deposit of rent arrears.
The respondent failed to comply with the order for deposit of rent arrears.
Supporting Evidence
The respondent having failed to comply with the order in IA 01/2024 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 sector 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 forthwith.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rosy
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ajna Ajayan
- Party Age
- 41
- Relation
- D/o
Plaintiffs Documents
Application under Section 11 of the Kerala Buildings Lease & Rent Control Act, 1965.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.M. Ziraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Irfan Ziraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vishnu P.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Abhijith P.A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Shehin S.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bipin Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.C. Joseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Direction to put the petitioner in vacant possession of the building forthwith.
Evidence:
Hence an order is passed under sector 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 forthwith.
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 Rosy vs Ajna Ajayan regarding Rent Control Petition
Case Code Year
Case between Rosy vs Ajna Ajayan regarding Rent Control Petition