Case Summary
The petitioners are joint owners of a building who filed an application against the respondent for default in rent payment. The respondent failed to appear in court despite due notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the building
Case Type
Rent Control Application
Final Judgment
No
The petition was allowed, directing the respondent to vacate the premises within three months.
Why Plaintiff Won:
The petitioners established their claims effectively without rebuttal from the respondent.
The petitioners established their claims effectively without rebuttal from the respondent.
Losing Side's Weaknesses:
The petitioners established their claims effectively without rebuttal from the respondent.
The petitioners established their claims effectively without rebuttal from the respondent.
Supporting Evidence
The petition averments, affidavit and the documents would establish the case of the petitioners. There is no evidence to rebut the evidence adduced on the side of the petitioners.
Judgment Evidence:
In the result, the petition is allowed as follows: The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3 (three) months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tessy Joseph
- Party Age
- 59
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Shiji Reji
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Benit Mathews
- Party Age
- 55
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- John Jacob
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Selvaraj
- Party Age
- 69
Plaintiffs Documents
Copy of the Agreement, Office copy of the Lawyers Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varughese C.C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The court directs the respondent to provide vacant possession of the petition schedule building to the petitioners.
Evidence:
In the result, the petition is allowed as follows: The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3 (three) months from today.
Documents & Evidence
Document Type:
Copy of the Agreement
Submitted By:
Plaintiff
Relevance:
This document is the lease agreement dated 15.11.2023, establishing the terms of lease including the monthly rent.
Reference:
Ext.A1
Document Type:
Office copy of the Lawyers Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice served to the respondent demanding rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of posting the lawyer's notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document provides confirmation of receipt of the lawyer's notice by the respondent.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Application
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Tessy Joseph et al vs Selvaraj regarding non-payment of rent
Case Code Year
Case between Tessy Joseph et al vs Selvaraj regarding non-payment of rent