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R.C.P. No. 124/2023

Case between Xavier vs Shyam Krishna regarding rent control petition

Court
Court of the Third Addl. Munsiff & Rent Controller
Judge
Smt. Reeja R. Nair.
Order Date
2024-06-15
Duration
approximately-2 months
Case Closed
Sat, 06/15/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Xavier, the petitioner, filed a rent control petition against Shyam Krishna, the respondent, who failed to comply with the court's prior orders regarding rent payments. The court found that the respondent did not show sufficient cause for non-compliance.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the petitioner, Xavier, directing the respondent, Shyam Krishna, to vacate the premises for failing to comply with court orders. The rent control petition was closed accordingly.
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to put the petitioner in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner, Xavier, directing the respondent, Shyam Krishna, to vacate the premises for failing to comply with court orders. The rent control petition was closed accordingly.
Why Plaintiff Won:
The respondent failed to comply with the court's order and did not show cause for the default.
Losing Side's Weaknesses:
The respondent failed to comply with the court's order and did not show cause for the default.
Supporting Evidence
The tenant becomes fully aware that unless sufficient cause has been shown for default committed, the consequence of stoppage of the proceedings and direction to put the landlord in possession would follow automatically.

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
Xavier
Party Age
84
Relation
S/o
Party Role
Defendant
Party Name
Shyam Krishna
Party Age
34
Relation
S/o
Plaintiffs Documents
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Biju Joseph
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Harry George
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The court ordered to put the petitioner in vacant possession of the building.
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 Xavier vs Shyam Krishna regarding rent control petition
Case Code Year
Case between Xavier vs Shyam Krishna regarding rent control petition

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 04/04/2024 - 12:00
Case Closed
Sat, 06/15/2024 - 12:00
From
Sat, 06/01/2024 - 12:00
To
Sun, 06/30/2024 - 12:00
Outcome Confidence
100%

Involved Entities

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