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O.S No. 1044/2022

Case between ARCHDIOCESE OF VERAPOLY vs France C. Mundadan regarding recovery of vacant possession and arrears of rent.

Court
THE COURT OF THE PRINCIPAL MUNSIFF, ERNAKULAM
Judge
Sri. Rohit Nandakumar
Order Date
2025-02-24
Duration
approximately-2 years 4 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The Archdiocese of Verapoly is seeking recovery of vacant possession and arrears of rent from its tenant, France C. Mundadan. The case involves issues of tenancy agreements and payment of rental dues.

Judgment Outcome

Plaintiff Won
Interim Order
The court held that the tenancy has been validly terminated and ordered the defendant to vacate the premises while awarding some arrears at a specified rate.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the plaint schedule property and an order for payment of rent at the rate of ₹500 per month.
Case Type
Civil Suit
Final Judgment
No
The court held that the tenancy has been validly terminated and ordered the defendant to vacate the premises while awarding some arrears at a specified rate.
Why Plaintiff Won:
The plaintiff provided valid termination notice under the Transfer of Property Act, which was upheld by the court.
Losing Side's Weaknesses:
The plaintiff provided valid termination notice under the Transfer of Property Act, which was upheld by the court.
Supporting Evidence
It is clear that the plaintiff is entitled to terminate the tenancy by following the provisions of Section 106 of the Transfer of Property Act.

Judgment Evidence:

In the result, the defendant is directed to hand over vacant possession of the plaint schedule property to the plaintiff within one month from the date of the judgment.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
ARCHDIOCESE OF VERAPOLY
Relation
Represented by
Party Role
Defendant
Party Name
France C. Mundadan
Party Age
52
Plaintiffs Documents
Legal Notice dated 31.08.2022, Certified copy of Order in RCP 144/1987, Certified copy of Order in RCA No. 111/1991.
Defendants Documents
Photocopies of various receipts and documents submitted to prove payment of rent.

Advocates

Party Role
Plaintiff
Advocate Name
L. Aloysius Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
G. Rajagopal
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
S. Leelalakshmi
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Recovery
Outcome: Partly Granted
Description:
Claim for arrears of rent and damages.
Evidence:
The plaintiff is entitled to recover arrears of rent from the defendant with respect to the time period from 01.10.2019 to 01.04.2021 at the rate of 500/- per month.
Relief Type: Possession
Outcome: Granted
Description:
Recovery of vacant possession of the plaint schedule property.
Evidence:
The defendant is directed to hand over vacant possession of the plaint schedule property to the plaintiff within one month from the date of the judgment.

Documents & Evidence

Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Notified the defendant to surrender the vacant possession of the property.
Reference:
Ext.A1
Document Type: Photocopy of the Receipt
Submitted By: Defendant
Relevance:
Served to establish the rent payments made by the defendant.
Reference:
Ext.B1
Document Type: Photocopy of the Cheque
Submitted By: Defendant
Relevance:
Provided as evidence of past rent payment and payment methods.
Reference:
Ext.B5
Document Type: Certified copy of Order
Submitted By: Unknown
Relevance:
Relevant to the plaintiff's claim regarding prior rent control proceedings.
Reference:
Ext.A3, Ext.A4
Document Type: Oral Evidence
Submitted By: Court
Relevance:
Testimonies and counters by both plaintiff and defendant.
Reference:

Case Classification

Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between ARCHDIOCESE OF VERAPOLY vs France C. Mundadan regarding recovery of vacant possession and arrears of rent.
Case Code Year
Case between ARCHDIOCESE OF VERAPOLY vs France C. Mundadan regarding recovery of vacant possession and arrears of rent.

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Ernakulam, Kochi
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 08/31/2022 - 12:00
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
90%

Involved Entities

Archdiocese

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