Case Summary
Amil Gregory, the petitioner, is seeking eviction of K.H. Nishad due to non-payment of rent for a leased property. The respondent defaulted on rent payments, leading the petitioner to file for the realization of arrears and eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court decreed the case in favor of the petitioner, directing the respondent to vacate the leased premises and pay the costs of the petition.
Why Plaintiff Won:
The petitioner established his case with uncontroverted evidence regarding rent defaults.
The petitioner established his case with uncontroverted evidence regarding rent defaults.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established his case as pleaded by him. In the absence of any countervailing evidence to contradict these proof of plaint claim and Exhibits, I learn that same remains uncontroverted and accordingly admitted and the petitioner is entitled to the relief as prayed for.
Judgment Evidence:
In the result, suit is decreed as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Amil Gregory
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.H. Nishad
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer's notice dated 07.11.2023, Copy of lawyer's notice dated 04.12.2023, Original returned postal envelope as unclaimed dated 14.12.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.B. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.S. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- G.N. Deepa
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the premises.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent regarding the default in rent payment.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Further notice sent to the respondent regarding non-payment of rent.
Reference:
Ext.A2
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Envelope returned to the petitioner, indicating the respondent's avoidance of the notice.
Reference:
Ext.A3
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 Amil Gregory vs K.H. Nishad regarding eviction and recovery of rent arrears
Case Code Year
Case between Amil Gregory vs K.H. Nishad regarding eviction and recovery of rent arrears