Case Summary
Mr. Santo Davis filed a petition regarding non-compliance of a rent control order by the respondents, which include Hotel Ashoka Bhavan and its managing partner. The court found that the respondents failed to comply with a prior order pertaining to rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner directed to be put in vacant possession of the building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court found the respondents in default for not complying with a rent control order. Consequently, the proceedings were stopped and the petitioner was granted possession of the property.
Why Plaintiff Won:
The respondents failed to comply with the prior order and did not show sufficient cause for their non-compliance.
The respondents failed to comply with the prior order and did not show sufficient cause for their non-compliance.
Losing Side's Weaknesses:
The respondents failed to comply with the prior order and did not show sufficient cause for their non-compliance.
The respondents failed to comply with the prior order and did not show sufficient cause for their non-compliance.
Supporting Evidence
The court is of the view that, the respondent having failed to comply with the order in IA 3/2024 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 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 from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Santo Davis
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Hotel Ashoka Bhavan
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- Mr. Seetharaman
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Madhu Seetharaman
- Party Age
- 41
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.R. Ganesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joe Pollayil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Thomas N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashwini G.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Praveen k. Joy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- James Fletcher
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Unnikrishnan M.P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Order 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 from today.
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 Santo Davis vs Hotel Ashoka Bhavan et al regarding rent control proceedings.
Case Code Year
Case between Santo Davis vs Hotel Ashoka Bhavan et al regarding rent control proceedings.