Case Summary
A.C. Sasikumar is the petitioner seeking eviction of Santhosh Thomas, the respondent, for defaulting on rent payments. The petitioner argues the need for the property for his own residence and financial hardship due to the respondent's failure to comply with the rent agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the property within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition filed by A.C. Sasikumar for eviction of Santhosh Thomas due to non-payment of rent and need for the property for his personal use.
Why Plaintiff Won:
The petitioner established his case through unrebutted oral testimony and evidence, demonstrating the respondent's default in rent payments and genuine need for occupation.
The petitioner established his case through unrebutted oral testimony and evidence, demonstrating the respondent's default in rent payments and genuine need for occupation.
Losing Side's Weaknesses:
The petitioner established his case through unrebutted oral testimony and evidence, demonstrating the respondent's default in rent payments and genuine need for occupation.
The petitioner established his case through unrebutted oral testimony and evidence, demonstrating the respondent's default in rent payments and genuine need for occupation.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A3 established his case as pleaded by him. It shows that the rent is in arrears. The bonafide need for his own occupation of the petition schedule building was also projected by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.C. Sasikumar
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Santhosh Thomas
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer's notice dated 28.10.2024, postal receipt, acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- E.S. Sandhya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent/tenant is directed to vacate the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that the petitioner issued a notice demanding payment of rent arrears.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim that the notice was sent to the respondent.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer's notice by the respondent.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between A.C. Sasikumar vs Santhosh Thomas regarding eviction and rent default
Case Code Year
Case between A.C. Sasikumar vs Santhosh Thomas regarding eviction and rent default