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R.C.P. No. 99/2022

Case between Shenny Antony et al vs Asian Aviation College of management and science et al regarding Rent Arrears

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-11-06
Duration
approximately-5 years 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Shenny Antony and Zeena Shenny, the petitioners, are seeking relief for unpaid rent from the Asian Aviation College of management and science and Dr. K.M. Zulfikar, the respondents. The petitioners claim significant arrears of rent and seek possession of their property, which has been vacated by the respondents.

Judgment Outcome

Plaintiff Won
Interim Order
The court has allowed the petition filed by the petitioners, directing the respondents to hand over possession of the rented property within 30 days. Additionally, the petitioners are entitled to recover costs from the respondents.
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition filed by the petitioners, directing the respondents to hand over possession of the rented property within 30 days. Additionally, the petitioners are entitled to recover costs from the respondents.
Why Plaintiff Won:
The petitioners established their claim of rent arrears, which remained uncontroverted by the respondents.
Losing Side's Weaknesses:
The petitioners established their claim of rent arrears, which remained uncontroverted by the respondents.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established his case as pleaded by him. It shows that the rent is in arrears. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result, The petition is allowed u/S 11(2)(b) and 11(4)(v) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Shenny Antony
Party Age
57
Relation
S/o
Party Role
Plaintiff
Party Name
Zeena Shenny
Party Age
56
Relation
W/o
Party Role
Defendant
Party Name
Asian Aviation College of management and science
Relation
represented by
Party Role
Defendant
Party Name
Dr. K.M. Zulfikar
Party Age
55
Relation
S/o
Plaintiffs Documents
Original power of attorney dated 15.01.2019, Copy of Lawyer's notice dated 12.04.2022 along with original postal receipt.
Defendants Documents
Not available

Advocates

Party Role
Plaintiff
Advocate Name
Johnson Abraham
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nelson Abraham
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Emil Johnson
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type: Other
Outcome: Granted
Description:
Petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.

Documents & Evidence

Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Original of power of attorney dated 15.01.2019
Reference:
Ext.A1
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice dated 12.04.2022 along with original postal receipt
Reference:
Ext.A2 series
Document Type: Returned Postal Covers
Submitted By: Plaintiff
Relevance:
Original returned postal covers accepted in evidence
Reference:
Ext.A3 series

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 Shenny Antony et al vs Asian Aviation College of management and science et al regarding Rent Arrears
Case Code Year
Case between Shenny Antony et al vs Asian Aviation College of management and science et al regarding Rent Arrears

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 01/07/2019 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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