Case Summary
This case involves a review petition filed by Suma S against the order in a Rent Control Petition for eviction from a scheduled building. The original petitioner, Roy Emerson Ivan, and his wife contest the review on the grounds of maintainability and lack of proper procedure.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order allowed on costs of Rs.500/- to be paid by the petitioner to the respondents within seven days.
Case Type
Rent Control Proceeding
Final Judgment
No
The court allowed the review petition, stating that the original petitioner was not afforded an opportunity to contest the proceedings. Costs were awarded to be paid by the petitioner.
Why Plaintiff Won:
The court found that the petitioner was not sufficiently informed to contest the Rent Control Petition.
The court found that the petitioner was not sufficiently informed to contest the Rent Control Petition.
Losing Side's Weaknesses:
The court found that the petitioner was not sufficiently informed to contest the Rent Control Petition.
The court found that the petitioner was not sufficiently informed to contest the Rent Control Petition.
Supporting Evidence
The reason stated by the petitioner that the fact that the petition stands posted for filing objection and hearing was not intimated to the petitioner by the learned counsel concerned which prevented the petitioner from filing objection seems sustainable and the petition is liable to be allowed.
Judgment Evidence:
In the result, petition is allowed on costs of Rs.500/- to be paid by the petitioner to the respondents/original petitioners within seven days from the date of the order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Roy Emerson Ivan
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Margaret Roy
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Suma S
- Relation
- Represented by
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Defendant
- Advocate Name
- Sri.Bhagavath Singh C.S
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Arya.P
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.S.Sabu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Other
Outcome:
Granted
Description:
The petition is allowed on costs of Rs.500/- to be paid by the petitioner to the respondents/original petitioners within seven days from the date of the order.
Evidence:
In the result, petition is allowed on costs of Rs.500/- to be paid by the petitioner to the respondents/original petitioners within seven days from the date of the order.
Documents & Evidence
Case Classification
Case Type
Rent Control Proceeding
Category
Other Civil Cases
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
RP.NO.
Case Code Year
2025