Case Summary
Annam Mavely, the petitioner, is seeking eviction of Diaguncart Technologies Pvt. Ltd. due to non-payment of rent over several months, along with the unauthorized subleasing of the premises. The court found the evidence supporting the petitioner's claims and allowed the petition in part.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent 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
Why Plaintiff Won:
The court found the evidence of unpaid rent and unauthorized subleasing to be compelling and uncontroverted.
The court found the evidence of unpaid rent and unauthorized subleasing to be compelling and uncontroverted.
Judgment Evidence:
In the result, The petition is allowed in part 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 within 30 days from today.
Parties Involved
Plaintiffs
Annam Mavely (76 years)
476/13th Main, 3rd Block, Koramangala, Bangalore, Pin-560034
Santosh Joseph Mavely (51 years)
A304 Mantri Classic Apartments, ST Bed Layout, Koramangala, Bangalore, Pin-560034
Defendants
Diaguncart Technologies Pvt. Ltd. (Age not specified years)
South Janata Road, Palarivattom, Kochi-682025
Reliefs
Relief Type:
Possession
Outcome:
Partly Granted
Description:
The petitioner requested possession of the building due to non-payment of rent.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Not Decided
Description:
The petitioner sought relief under Section 11(3) of the Act for bonafide need.
Evidence:
Since the bonafide need was not proved by the petitioner, the prayer under Section 11(3) of the Act is disallowed.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Filed to establish the petitioner's authority in the case.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Used to demonstrate that the respondent was notified of the overdue rent.
Reference:
Ext.A2
Document Type:
Original acknowledgement
Submitted By:
Plaintiff
Relevance:
Provided evidence of receipt of the lawyer's notice by the respondent.
Reference:
Ext.A3