Case Summary
The petitioner, Adv. Alias M. Cherian, represents the owner of a building who is seeking possession from the respondent, Mr. Samalkumar A.P., due to rent default. The respondent has not paid rent for several months and the owner needs the property for personal use.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court determined the petitioner had established a case due to the lack of payment by the respondent and need for the property by the owner.
The court determined the petitioner had established a case due to the lack of payment by the respondent and need for the property by the owner.
Judgment Evidence:
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 under Section 11(2)(b) and 11(3) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Adv. Alias M. Cherian (54 years)
1st Floor, Anna Maria Building, P.T. Usha Road, North End Ernakulam-682 011
Defendants
Mr. Samalkumar A.P. (53 years)
Flat No.4C, Sanghetham Apartment, Ravipuram, M.G. Road, Ernakulam-682 015
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed U/s 11(2)(b) and 11(3) of the Act with costs.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This document is the copy of the lease deed dated 10.03.2020, establishing the rental agreement.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This is the office copy of the lawyer's notice dated 27.09.2022 issued to the respondent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is the original postal receipt dated 27.09.2022.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is another original of the postal receipt dated 27.09.2022.
Reference:
Ext.A4
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This document is the original of the returned postal envelope addressed to the respondent.
Reference:
Ext.A5
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This document is another original of the returned postal envelope addressed to the respondent.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This is the original postal receipt dated 18.03.2024.
Reference:
Ext.A7
Document Type:
Returned Postal Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This is the original of the returned postal acknowledgment card dated 19.03.2024.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
This document is the commission report submitted by the Advocate Commissioner dated 16.02.2023, which adds strength to the case of the petitioner.
Reference:
Ext.A9