Case Summary
The plaintiffs, consisting of a church and its representatives, are suing the defendant for recovery of possession and arrears of rent due to violations of the lease agreement. The defendant claims he has rights over the property based on a lease agreement but is accused of constructing unauthorized structures.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of plaint schedule property after removing additional constructions of 154.23 sq m within three months.
Case Type
Civil Suit
Final Judgment
No
Why Plaintiff Won:
The plaintiffs provided evidence that the defendant violated lease terms by making unauthorized constructions and defaulting on rent payments.
The plaintiffs provided evidence that the defendant violated lease terms by making unauthorized constructions and defaulting on rent payments.
Judgment Evidence:
In the result, OS.1103/2020 is decreed. Defendant is directed to surrender vacant possession of plaint schedule property after removing additional constructions of 154.23 sq m.
Parties Involved
Plaintiffs
St. Gervasis & Prothasis Synodal Church (Age not specified years)
Udayamperoor P O, Manakunnam Village, Kanayannur Taluk, Ernakulam District, Pin- 682307
Rev. Fr. George Manikathan (70 years years)
Udayamperoor P O, Manakunnam Village, Pin- 682307
Jose A Kuriakose (56 years years)
Arakathazhathu House, Udayamperoor P O, Thripunithura, Pin- 682307
A V Abraham (53 years years)
Adappally House, Udayamperoor P O, Thripunithura, Pin- 682307
Thomas P V (60 years years)
Parapallil House, Udayamperoor, Pin- 682307
Defendants
Jolly Varghese (53 years years)
Kadathunkal House, Udayamperoor P O, Manakunnam Village, Kanayannur Taluk, Ernakulam District, Pin- 682307
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Claim for a permanent injunction to prevent eviction from the property.
Evidence:
Defendants threatened to evict plaintiff from the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs entitled to recover possession of the plaint schedule property.
Evidence:
Plaintiffs established their case for recovery of possession.
Relief Type:
Damages
Outcome:
Granted
Description:
Claim for arrears of rent for the period November 2020 to August 2022.
Evidence:
Defendant defaulted in payment of rent from July 2020 to August 2022.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Executed lease deed between plaintiffs and defendant for the property in question.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the lease violations.
Reference:
Ext.A2
Document Type:
Plaint Copy
Submitted By:
Plaintiff
Relevance:
Copy of the plaint in OS 795/2020 detailing the claim against the defendant.
Reference:
Ext.A3
Document Type:
Written Statement
Submitted By:
Plaintiff
Relevance:
Response from the plaintiff side in OS 795/2020.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by Fr. Tharian Mundadan related to the lease.
Reference:
Ext.B1
Document Type:
Lease Deed
Submitted By:
Defendant
Relevance:
Original lease deed referenced in the proceedings.
Reference:
Ext.B2
Document Type:
Property tax receipts
Submitted By:
Defendant
Relevance:
Receipts indicating tax payments related to the property.
Reference:
Ext.B3 to B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report detailing the findings of the property commission.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report assessing the property and constructions.
Reference:
Ext.C2
Document Type:
Statement of Accounts
Submitted By:
Witness
Relevance:
Statement of accounts detailing financial transactions related to the lease.
Reference:
X1