Case between Vijayalakshmi et al vs Ayurveda Oushadha Nirmana Vyavasaya Cooperative Society Ltd. regarding eviction and rent arrears

Case Summary

The petitioners, Vijayalakshmi and others, are landlords seeking eviction of the counter petitioners, Ayurveda Oushadha Nirmana Vyavasaya Cooperative Society Ltd. and others, due to non-payment of rent. The court addressed issues of arrears and the terms of the rental agreement.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted the petitioners' request for eviction and ordered the counter petitioners to pay rent arrears totaling Rs.7,05,000 along with interest. The counter petitioners are also mandated to continue the monthly rent payments.

Judgment Favored

Plaintiff

Relief Granted

Counter petitioners to pay Rs.7,05,000 along with interest and monthly rent of Rs.6,000.

Case Type

Rent Control Petition

Final Judgment

No

The court granted the petitioners' request for eviction and ordered the counter petitioners to pay rent arrears totaling Rs.7,05,000 along with interest. The counter petitioners are also mandated to continue the monthly rent payments.

Why Plaintiff Won:
The petitioners provided sufficient evidence of non-payment of rent and established the landlord-tenant relationship.

Losing Side's Weaknesses:
The petitioners provided sufficient evidence of non-payment of rent and established the landlord-tenant relationship.

Supporting Evidence

It was already found that denial of title of petitioners and the landlord-tenant relationship between petitioners and counter petitioners and non-existence of tenancy by counter petitioners were not bonafide.

Judgment Evidence:

In the result, the petition is allowed directing the counter petitioners to pay Rs.7,05,000/- (Rupees Seven lakhs and Five thousand only) along with interest at the rate of 6% per annum within one month from the date of this order.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Vijayalakshmi
Party Age: 66
Relation: W/o

Party Role: Plaintiff
Party Name: Rahul Gurukkal
Party Age: 28
Relation: S/o

Party Role: Plaintiff
Party Name: Mallika Gurukkal @ Mallika Kumar
Relation: D/o

Party Role: Plaintiff
Party Name: Raj Gurukkal
Relation: S/o

Party Role: Plaintiff
Party Name: Arun Ray
Relation: H/o

Party Role: Defendant
Party Name: Ayurveda Oushadha Nirmana Vyavasaya Cooperative Society Ltd.
Relation: represented by

Party Role: Defendant
Party Name: Secretary, Ayurveda Oushadha Nirmana Vyavasaya Cooperative Society Ltd.

Party Role: Defendant
Party Name: President, Ayurveda Oushadha Nirmana Vyavasaya Cooperative Society Ltd.

Plaintiffs Documents

Agreement for sale dated 20.12.2003, Legal notice dated 04.03.2003.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. K. S. Gopinathan Nair
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri. Biju P. S
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Smt. Swayam Prabha
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Smt. Geetha K.P
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Sri. Abhishek.R.V
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. Mohanan Nair. G
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Smt. Chithra. V.R
Appearance Type: Assisting Counsel

Reliefs

Relief Type: Recovery

Outcome: Granted

Description:

The counter petitioners are directed to pay Rs.7,05,000/- along with interest at the rate of 6% per annum within one month from the date of this order.

Evidence:

In the result, the petition is allowed directing the counter petitioners to pay Rs.7,05,000/- (Rupees Seven lakhs and Five thousand only) along with interest at the rate of 6% per annum within one month from the date of this order and continues to pay or to deposit rent of Rs.6,000/- (Rupees Six thousand only) per month which may subsequently become due in respect of the building until the termination of the proceedings before this court.

Documents & Evidence

Case Classification