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
The court found in favor of the petitioner and allowed the petition for possession of the rental property.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A9 established his case as pleaded by him. Hence, in the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Adv. Alias M. Cherian
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Samalkumar A.P.
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Copy of Lease deed, Office copy of lawyer's notice, original of the Postal receipt, original of the returned postal envelope addressed to the respondent, commission report.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv. Alias M. Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Bristo S. Pariyaram
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Adv. Arun C.S.
- Appearance Type
- Assisting Counsel
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
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 Adv. Alias M. Cherian vs Mr. Samalkumar A.P. regarding rent default
Case Code Year
Case between Adv. Alias M. Cherian vs Mr. Samalkumar A.P. regarding rent default