Case Summary
Moli John is the petitioner seeking possession of a scheduled building from Sreekala.A.S., the counter petitioner. The court found that the counter petitioner did not comply with previous orders, leading to the dismissal of the counter petitioner's application.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of Petition Scheduled Building
Case Type
Rent Control
Final Judgment
No
The court allowed the petitioner's request for possession and dismissed the counter petitioner's request for a stay. The counter petitioner was directed to ensure the petitioner took possession of the building.
Why Plaintiff Won:
The counter petitioner failed to comply with the court's previous orders.
The counter petitioner failed to comply with the court's previous orders.
Losing Side's Weaknesses:
The counter petitioner failed to comply with the court's previous orders.
The counter petitioner failed to comply with the court's previous orders.
Supporting Evidence
The court found that no explanation was furnished by the counter petitioner for not initiating proceedings as directed, which substantiated the petitioner's claim for possession.
Judgment Evidence:
Hence the further proceedings in Rent Control Petitions hereby stopped and the counter petitioner is directed to put the petitioner in possession of Petition Scheduled Building u/s.12(3) of Kerala Buildings (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moli John
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sreekala.A.S.
- Party Age
- 45
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Fredy Francis
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C.D. Anil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The counter petitioner is directed to put the petitioner in possession of the petition scheduled building.
Evidence:
Hence the further proceedings in Rent Control Petitions hereby stopped and the counter petitioner is directed to put the petitioner in possession of Petition Scheduled Building u/s.12(3) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Injunction
Outcome:
Refused
Description:
Interim Application 9/25 was dismissed.
Evidence:
IA 9/25 is dismissed (VSO).
Relief Type:
Injunction
Outcome:
Granted
Description:
Interim Application 10/25 was allowed.
Evidence:
IA 10/25 is allowed (VSO).
Documents & Evidence
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
Case between Moli John vs Sreekala.A.S. regarding possession of Petition Scheduled Building
Case Code Year
Case between Moli John vs Sreekala.A.S. regarding possession of Petition Scheduled Building