Case Summary
The plaintiffs, consisting of a church and its representatives, are suing the defendant for recovery of possession and arrears of rent due to violations of the lease agreement. The defendant claims he has rights over the property based on a lease agreement but is accused of constructing unauthorized structures.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to surrender vacant possession of plaint schedule property after removing additional constructions of 154.23 sq m within three months.
Case Type
Civil Suit
Final Judgment
No
The court decrees in favor of the plaintiffs, granting recovery of possession and arrears of rent from the defendant. Additional unauthorized constructions are to be removed.
Why Plaintiff Won:
The plaintiffs provided evidence that the defendant violated lease terms by making unauthorized constructions and defaulting on rent payments.
The plaintiffs provided evidence that the defendant violated lease terms by making unauthorized constructions and defaulting on rent payments.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The plaintiff church is the owner of plaint schedule property, and it is evident that a portion of building having plinth area of 215.45 sq m is leased to defendant for running automobile workshop.
Judgment Evidence:
In the result, OS.1103/2020 is decreed. Defendant is directed to surrender vacant possession of plaint schedule property after removing additional constructions of 154.23 sq m.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- St. Gervasis & Prothasis Synodal Church
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Rev. Fr. George Manikathan
- Party Age
- 70
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jose A Kuriakose
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- A V Abraham
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thomas P V
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jolly Varghese
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Lease agreement no: 2637/18, lawyer notice, plaint in OS 795/2020
Defendants Documents
Lease Deed no: 2637/1/2018, property tax receipts for buildings 2/375A, B, C, D
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V A Johnson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Eldho Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Hani P Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Harikrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sachin Jacob Ambatt
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju Wahab
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P M Joshi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Siji K Paul
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Permanent Injunction
Outcome:
Refused
Description:
Claim for a permanent injunction to prevent eviction from the property.
Evidence:
Defendants threatened to evict plaintiff from the plaint schedule property.
Relief Type:
Recovery
Outcome:
Granted
Description:
Plaintiffs entitled to recover possession of the plaint schedule property.
Evidence:
Plaintiffs established their case for recovery of possession.
Relief Type:
Damages
Outcome:
Granted
Description:
Claim for arrears of rent for the period November 2020 to August 2022.
Evidence:
Defendant defaulted in payment of rent from July 2020 to August 2022.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Executed lease deed between plaintiffs and defendant for the property in question.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the defendant regarding the lease violations.
Reference:
Ext.A2
Document Type:
Plaint Copy
Submitted By:
Plaintiff
Relevance:
Copy of the plaint in OS 795/2020 detailing the claim against the defendant.
Reference:
Ext.A3
Document Type:
Written Statement
Submitted By:
Plaintiff
Relevance:
Response from the plaintiff side in OS 795/2020.
Reference:
Ext.A4
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Letter issued by Fr. Tharian Mundadan related to the lease.
Reference:
Ext.B1
Document Type:
Lease Deed
Submitted By:
Defendant
Relevance:
Original lease deed referenced in the proceedings.
Reference:
Ext.B2
Document Type:
Property tax receipts
Submitted By:
Defendant
Relevance:
Receipts indicating tax payments related to the property.
Reference:
Ext.B3 to B6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report detailing the findings of the property commission.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Second commission report assessing the property and constructions.
Reference:
Ext.C2
Document Type:
Statement of Accounts
Submitted By:
Witness
Relevance:
Statement of accounts detailing financial transactions related to the lease.
Reference:
X1
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 St. Gervasis & Prothasis Synodal Church et al vs Jolly Varghese regarding recovery of possession and arrears of rent
Case Code Year
Case between St. Gervasis & Prothasis Synodal Church et al vs Jolly Varghese regarding recovery of possession and arrears of rent