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
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.
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.
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