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R.C.P. No. 47/2023

Case between Suresh Ninan vs Bijoy Thomas regarding rent control petition

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-07-27
Duration
approximately-4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Suresh Ninan filed a rent control petition against Bijoy Thomas for non-compliance with a previous court order. The respondent failed to appear in court and did not comply with the order.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the respondent to vacate the premises due to non-compliance with previous orders. The petition was closed accordingly.
Judgment Favored
Plaintiff
Relief Granted
Order to put the petitioner in vacant possession of the building.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the premises due to non-compliance with previous orders. The petition was closed accordingly.
Why Plaintiff Won:
The respondent failed to comply with the order and did not show sufficient cause for the default.
Losing Side's Weaknesses:
The respondent failed to comply with the order and did not show sufficient cause for the default.
Supporting Evidence
The respondent having failed to comply with the order in IA 01/2023 and having failed to show sufficient cause for not depositing rent arrears in 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
Suresh Ninan
Party Age
65
Relation
S/o
Party Role
Defendant
Party Name
Bijoy Thomas
Party Age
50
Relation
S/o
Plaintiffs Documents
Nil
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Jagan Abraham M. George
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Jaison Antony
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jibu P. Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Archana Suresh
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

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 Suresh Ninan vs Bijoy Thomas regarding rent control petition
Case Code Year
Case between Suresh Ninan vs Bijoy Thomas regarding rent control petition

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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