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R.C.P. No.46/2024

Case between Annam Mavely vs Diaguncart Technologies Pvt. Ltd. regarding eviction due to rent arrears

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-11-02
Duration
Case Closed
Sat, 11/02/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The petition was allowed in part, directing the respondent to vacate the premises and pay costs to the petitioner. The court noted the compelling evidence in favor of the petitioner's claims.
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
The petition was allowed in part, directing the respondent to vacate the premises and pay costs to the petitioner. The court noted the compelling evidence in favor of the petitioner's claims.
Why Plaintiff Won:
The court found the evidence of unpaid rent and unauthorized subleasing to be compelling and uncontroverted.
Losing Side's Weaknesses:
The court found the evidence of unpaid rent and unauthorized subleasing to be compelling and uncontroverted.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established his case as pleaded by him. It shoes that is in arrears.

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

Parties

Party Role
Plaintiff
Party Name
Annam Mavely
Party Age
76
Relation
W/o
Party Role
Plaintiff
Party Name
Santosh Joseph Mavely
Party Age
51
Relation
S/o
Party Role
Defendant
Party Name
Diaguncart Technologies Pvt. Ltd.
Plaintiffs Documents
Power of attorney dated 24.02.2024, Copy of lawyer’s notice dated 26.12.2023, Original acknowledgement card dated 27.12.2023
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Dinesh Mathew J. Murikan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ria Varghese
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Jecry Peter
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Muhammed Thayib N.M.
Appearance Type
Assisting Counsel

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

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 Annam Mavely vs Diaguncart Technologies Pvt. Ltd. regarding eviction due to rent arrears
Case Code Year
Case between Annam Mavely vs Diaguncart Technologies Pvt. Ltd. regarding eviction due to rent arrears

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 10/01/2020 - 12:00
Case Closed
Sat, 11/02/2024 - 12:00
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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