Case Summary
Asha Varkey filed a petition against Gulfaar Business Private Limited for not complying with a rent control order. The court found the respondent in default and ruled on the consequences for non-compliance.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner to be put in vacant possession of the building forthwith.
Case Type
Rent Control Petition
Final Judgment
No
The court found that the respondent failed to comply with the rent control order. As a consequence, the proceedings were stopped and the petitioner was awarded vacant possession of the building.
Why Plaintiff Won:
The respondent failed to show sufficient cause for non-compliance with the rent order.
The respondent failed to show sufficient cause for non-compliance with the rent order.
Losing Side's Weaknesses:
The respondent failed to show sufficient cause for non-compliance with the rent order.
The respondent failed to show sufficient cause for non-compliance with the rent order.
Supporting Evidence
The respondent having failed to comply with the order in IA.06/2025 and having failed to show sufficient cause for not depositing rent arrears is liable to suffer consequence under Section 12(3) of the Act.
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
- Asha Varkey alias Asha Paul Reji
- Party Age
- 58
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- George Varkey Tharakandathil
- Party Age
- 56
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Gulfaar Business Private Limited
- Party Role
- Defendant
- Party Name
- Anvar Sadath
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nianan john
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese Annie
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A.R.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rosemaria Johnson
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Krishnan S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjitha Joby
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Order stopping all further proceedings in the rent control petition and directing 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 Asha Varkey alias Asha Paul Reji vs Gulfaar Business Private Limited regarding non-compliance with rent control order.
Case Code Year
Case between Asha Varkey alias Asha Paul Reji vs Gulfaar Business Private Limited regarding non-compliance with rent control order.