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R.C.P. No.122/2024

Case between T.O.Xavier et al vs Ismail.P regarding defaulted rent payments

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-02-28
Duration
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, T.O.Xavier and Molly Xavier, are landlords seeking possession of a building from the respondent, Ismail.P, due to unpaid rent. The respondent defaulted on rent payments, accumulating significant arrears and failing to respond to legal notices.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition, directing the respondent to vacate the premises within 30 days and awarded costs to the petitioners.
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate the building within 30 days
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises within 30 days and awarded costs to the petitioners.
Why Plaintiff Won:
The petitioners' evidence of unpaid rent and the respondent's failure to present a defense supported their claim.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established their case as pleaded by them. It shows that the rent is in arrears.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) and 12(3) of the Act with costs as follows:- 1. The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
T.O.Xavier
Party Age
75
Relation
S/o
Party Role
Plaintiff
Party Name
Molly Xavier
Party Age
68
Relation
W/o
Party Role
Defendant
Party Name
Ismail.P
Party Age
51
Relation
S/o
Plaintiffs Documents
Original license agreement dated 12.09.2023, Copy of legal notice dated 18.06.2024, Original returned postal envelope with acknowledgment card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
S.K. Balachandran
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
K.M.Biju
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
N.D.Deepa
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The respondent/tenant is directed to put the petitioners in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 12(3) of the Act with costs...
Relief Type: Other
Outcome: Refused
Description:
Relief No.2 sought for is beyond the jurisdiction of this rent control court.
Evidence:
Since relief No.2 sought for is beyond the jurisdiction of this rent control court, it is declined.

Documents & Evidence

Document Type: License Agreement
Submitted By: Plaintiff
Relevance:
Establishes the terms of the lease agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Serves as evidence of communication regarding the default in rent payments.
Reference:
Ext.A2
Document Type: Returned Postal envelope
Submitted By: Plaintiff
Relevance:
Demonstrates the unsuccessful attempt to deliver the legal notice to the respondent.
Reference:
Ext.A3

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between T.O.Xavier et al vs Ismail.P regarding defaulted rent payments
Case Code Year
Case between T.O.Xavier et al vs Ismail.P regarding defaulted rent payments

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Fri, 09/01/2023 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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