Case Summary
Sunil Xavier filed a petition against M/s. Sara Salons Pvt Ltd. for non-compliance with a rent payment order. The respondent was absent during the proceedings, and the court found them liable for the failure to comply.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to give vacant possession of the building forthwith
Case Type
Rent Control Petition
Final Judgment
No
The court ordered to stop all further proceedings against the respondent due to their failure to comply with the rent payment order. The respondent must give vacant possession of the building to the petitioner immediately.
Why Plaintiff Won:
Respondent failed to comply with the order and did not show sufficient cause for non-compliance.
Respondent failed to comply with the order and did not show sufficient cause for non-compliance.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court is of the view that, the respondent having failed to comply with the order in IA 7/2025 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 forthwith.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil Xavier
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. Sara Salons Pvt Ltd.
- Party Age
- 57
Plaintiffs Documents
Affidavit of non-compliance
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.P.Ramnath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Rajesh Kottakkal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Varghese Varghese M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sandhya S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bepin Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shalu Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Antony Tharian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Pooja Krishna K.B.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shanthi John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arunima N.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The court directed the respondent to put the petitioner in vacant possession of the building forthwith.
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 forthwith.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
The court referred to this order to discuss the compliance by the respondent.
Reference:
IA 7/2025
Document Type:
Affidavit
Submitted By:
Unknown
Relevance:
The petitioner filed an affidavit of non-compliance of the order.
Reference:
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 Sunil Xavier vs M/s. Sara Salons Pvt Ltd. regarding rent compliance
Case Code Year
Case between Sunil Xavier vs M/s. Sara Salons Pvt Ltd. regarding rent compliance