Case Summary
The petitioners, Shiju Paul Nadappattel and Deepa Shiju, filed a case against the respondent, Farooq Bin Firdous, regarding non-compliance with a rent control order. The court found that the respondent failed to comply with the order to deposit rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to put the petitioner in vacant possession of the building within 30 days
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to comply with the rent control order and to vacate the premises due to non-compliance. Further proceedings in the rent control petition were closed.
Why Plaintiff Won:
The respondent failed to comply with the earlier court order and did not show sufficient cause for non-compliance.
The respondent failed to comply with the earlier court order and did not show sufficient cause for non-compliance.
Losing Side's Weaknesses:
The respondent failed to comply with the earlier court order and did not show sufficient cause for non-compliance.
The respondent failed to comply with the earlier court order and did not show sufficient cause for non-compliance.
Supporting Evidence
The respondent having failed to comply with the order in IA 2/2024 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shiju Paul Nadappattel
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Deepa Shiju
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Farooq Bin Firdous
- Party Age
- 23
- Relation
- S/o
Plaintiffs Documents
Not mentioned
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jagan Abraham M. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jaison Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph George
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Benhur Joseph Manayani
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jeevan Mathew Manayani
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directed 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.
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 Shiju Paul Nadappattel et al vs Farooq Bin Firdous regarding compliance of rent control order
Case Code Year
Case between Shiju Paul Nadappattel et al vs Farooq Bin Firdous regarding compliance of rent control order