Case Summary
The case involves a landlord couple, Aji P.U and Beena Aji, seeking to evict their tenant, Amjith Hashimi P., for non-payment of rent. The petitioners argue that the tenant owes a significant amount in arrears and are requesting possession of their property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the property and hand it over to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the petitioners established their claim for eviction due to non-payment of rent.
The evidence presented by the petitioners established their claim for eviction due to non-payment of rent.
Judgment Evidence:
In the result, 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 after removing all the articles from the petition schedule building under Section 11(2)(b) and 11(3) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Aji P.U (55 years years)
Punathil House, Velliyappanpaday, U. C. College P.O., Aluva, Ernakulam – 683102.
Beena Aji (51 years years)
Punathil House, Velliyappanpaday, U. C. College P.O., Aluva, Ernakulam – 683102.
Defendants
Amjith Hashimi P. (45 years years)
Pullatil House, Edachalam, Perassanur, Kuttipuram P.O., Malappuram – 679571
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the respondent to hand over possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act directing the respondent/tenant to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proves the terms of the lease agreement for the petition schedule building.
Reference:
Ext.A1
Document Type:
Certified Copy of Rent Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the original rent agreement submitted as evidence.
Reference:
Ext.A1(a)
Document Type:
Notice of Demand
Submitted By:
Plaintiff
Relevance:
Serves as a formal notice informing the petitioner of the outstanding rent.
Reference:
Ext.A2
Document Type:
Injunction Order
Submitted By:
Plaintiff
Relevance:
Relevant injunction order related to a prior case involving the petitioner.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Shows that a formal notice was issued to the respondent about the rent default.
Reference:
Ext.A4
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Original A/D Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer's notice by the respondent.
Reference:
Ext.A6
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony of PW1 which supports the petitioner's claims.
Reference: