Case Summary
V Somarajan filed a petition against Jibin Mathew for non-compliance of a rent control order. The court found that the respondent did not comply with the order and was absent during hearings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order directing the respondent to put the petitioner in vacant possession of the property.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to comply with the rent control order and to vacate the premises. The respondent failed to show sufficient cause for non-compliance.
Why Plaintiff Won:
The respondent failed to comply with the prior order under Section 12 of the Kerala Buildings (Lease and Rent Control) Act.
The respondent failed to comply with the prior order under Section 12 of the Kerala Buildings (Lease and Rent Control) Act.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
On perusal of materials on record, it is seen that order under Section 12 of the Kerala Building (Lease and Rent Control) Act was passed and that the respondent did not comply with this order.
Judgment Evidence:
Hence this court is of the view that, the respondent having failed to comply with the order in IA 3/2025 and having failed to show sufficient cause for not depositing rent arrears is liable to suffer consequence under Section 12(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V Somarajan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jibin Mathew
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Philip T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thomas T. Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shubha Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amala Purushothaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rinesha Rajkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mary Aleena Surrao
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hafnithamol K.H.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sunil N.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anjanadevi G.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arsha John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sreethilakshmi Shaji
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the respondent to put the petitioner in vacant possession.
Evidence:
Hence an order is passed under Section 12(3) of the Act stopping all the further proceedings in the rent control the building within 30 days from today. Further proceedings in RCP is closed petition and directing the respondent to put the petitioner in vacant possession of accordingly.
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 V Somarajan vs Jibin Mathew regarding Non-compliance of rent order
Case Code Year
Case between V Somarajan vs Jibin Mathew regarding Non-compliance of rent order