Case Summary
Janardhanan filed a petition seeking eviction of Able under the Kerala Buildings (Lease and Rent Control) Act due to non-payment of rent. The respondent did not comply with the previous order to pay arrears of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the petition schedule property.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the petition schedule property due to non-compliance with the earlier order to pay rent. Further proceedings in the case have been stopped.
Why Plaintiff Won:
The respondent did not comply with the court's order to pay the arrears of rent.
The respondent did not comply with the court's order to pay the arrears of rent.
Losing Side's Weaknesses:
The respondent did not comply with the court's order to pay the arrears of rent.
The respondent did not comply with the court's order to pay the arrears of rent.
Supporting Evidence
No sufficient cause is shown as to why the respondent did not pay the arrears of rent as per order in IA.03/2023.
Judgment Evidence:
Hence, an order is passed under Section 12(3) of the Act wherein all the further proceedings in the RCP is stopped. The respondent is directed to put the petitioner in vacant possession of the petition schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Janardhanan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Able
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gireesh.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abdul Khader.T
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the petitioner in vacant possession of the petition schedule property.
Evidence:
Hence, an order is passed under Section 12(3) of the Act wherein all the further proceedings in the RCP is stopped.
Relief Type:
Other
Outcome:
Not Decided
Description:
The matter relating to non-compliance with order IA.03/2023.
Evidence:
The counsel for the petitioner submitted that order in IA.03/2023 is not complied.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Janardhanan vs Able regarding eviction under Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Janardhanan vs Able regarding eviction under Kerala Buildings (Lease and Rent Control) Act.