Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
R.C.P. No. 97/2023

Case between Aji P.U et al vs Amjith Hashimi P. regarding eviction of tenant for default in rent payment

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2024-08-07
Duration
approximately-1 year 6 months
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
The court allowed the petition for eviction due to the tenant's failure to pay rent and ordered the tenant to vacate the premises within 30 days. The petitioners are also entitled to recover costs of the suit.
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
The court allowed the petition for eviction due to the tenant's failure to pay rent and ordered the tenant to vacate the premises within 30 days. The petitioners are also entitled to recover costs of the suit.
Why Plaintiff Won:
The evidence presented by the petitioners established their claim for eviction due to non-payment of rent.
Losing Side's Weaknesses:
The evidence presented by the petitioners established their claim for eviction due to non-payment of rent.
Supporting Evidence
Thus, the unrebutted oral testimony of PW1 and Exts. A1 to A6, established their case as pleaded by them. In addition to arrears of rent and bonafide need was also specifically projected by the petitioner herein.

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

Parties

Party Role
Plaintiff
Party Name
Aji P.U
Party Age
55
Relation
S/o
Party Role
Plaintiff
Party Name
Beena Aji
Party Age
51
Relation
W/o
Party Role
Defendant
Party Name
Amjith Hashimi P.
Party Age
45
Relation
S/o
Plaintiffs Documents
True copy of the Rent Agreement dated 15.02.2022, notice of demand dated 08.10.2024, Injunction order dated 25.03.2023, Office copy of Lawyer's notice dated 31.07.2023, Original postal receipt dated 02.08.2023, Original acknowledgment card.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Rameez Nooh
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Fathima K.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Binoy K.S.
Appearance Type
Main Counsel

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:

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 Aji P.U et al vs Amjith Hashimi P. regarding eviction of tenant for default in rent payment
Case Code Year
Case between Aji P.U et al vs Amjith Hashimi P. regarding eviction of tenant for default in rent payment

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 02/15/2023 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between N.X. Joseph Jason vs Noble George regarding eviction and rent fixation
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Rent Control Petition Plaintiff Won
Case between P.R. Babu vs Reethamma Lonappan et al regarding eviction under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act.
Court of the Third Addl. Munsiff & Rent Controller, Ernakulam
Rent Control Petition Plaintiff Won
Case between Kandathil Mathew Oommen vs Eljove C. Chummar regarding compliance with rent arrears.
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between Mr. Renji Cherian et al vs Mr. Mohammed Saheer Sirajudeen et al regarding eviction from rented property.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between P.B Gopalakrishnan vs Ms. Dilshana Siyad regarding Rent Control Petition
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won