Case Summary
This case involves Varghese Nettikadan and Neethu Varghese as petitioners against K.N. Dipu Menon regarding compliance with a rent control order. The respondent failed to comply with the court's directives.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The petitioner is directed to be put in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court determined that the respondent failed to comply with the order regarding rent arrears. Consequently, the petition was closed, and the petitioners were granted possession of the building.
Why Plaintiff Won:
The respondent failed to comply with the court order and did not present sufficient cause for default.
The respondent failed to comply with the court order and did not present sufficient cause for default.
Losing Side's Weaknesses:
The respondent failed to comply with the court order and did not present sufficient cause for default.
The respondent failed to comply with the court order and did not present sufficient cause for default.
Supporting Evidence
The respondent having failed to comply with the order in IA 02/2022 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
- Varghese Nettikadan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Neethu Varghese
- Party Age
- 43
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.N. Dipu Menon
- Party Age
- 49
Plaintiffs Documents
Affidavit regarding non-compliance
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.V. John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Renju John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- B. Jayaprakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thresia Anu P.J.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S.R.K. Prathap
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jissmon A. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Malavika M.V.
- 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 Varghese Nettikadan et al vs K.N. Dipu Menon regarding rent control
Case Code Year
Case between Varghese Nettikadan et al vs K.N. Dipu Menon regarding rent control