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R.C.P. No. 65/2023

Case between Anthiyalunkal Deepa Mathai vs Sarath Prakash regarding arrears of rent

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-07-31
Duration
Case Closed
Wed, 07/31/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Anthiyalunkal Deepa Mathai, is seeking to regain possession of her property due to non-payment of rent by the respondent, Sarath Prakash. The respondent defaulted on monthly rent payments and has not vacated the premises as requested.

Judgment Outcome

Plaintiff Won
Interim Order
The petition was allowed, directing the respondent to vacate the premises within 30 days. The court found the petitioner entitled to the relief sought due to the respondent's failure to pay rent.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building after removing all articles.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the premises within 30 days. The court found the petitioner entitled to the relief sought due to the respondent's failure to pay rent.
Why Plaintiff Won:
The petitioner established her case with unrebutted evidence.
Losing Side's Weaknesses:
The petitioner established her case with unrebutted evidence.
Supporting Evidence
Thus, the unrebutted oral testimony of PW1 and Exts. A1 to A4, established his case as pleaded by him.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) 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 after removing all the articles from 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
Anthiyalunkal Deepa Mathai
Party Age
49
Relation
W/o
Party Role
Defendant
Party Name
Sarath Prakash
Party Age
27
Relation
S/o
Plaintiffs Documents
Lawyer's notice dated 06.02.2023, Original A/D sent to the respondent, Copy of lawyer's notice dated 18.03.2023, Original returned postal article sent to the respondent
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
C.R. Vinodkumar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Anilkumar C.R.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sajo Zacharia Andrews
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Silpa Gopalan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Renjith Rajan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K. Muhammed Rafeeq
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) 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) of the Act within 30 days from today.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer's notice sent to the respondent regarding arrears of rent.
Reference:
Ext.A1
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Original postal acknowledgment card sent to the respondent.
Reference:
Ext.A2
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer's notice sent to the respondent regarding rent due.
Reference:
Ext.A3
Document Type: Returned Postal Article
Submitted By: Plaintiff
Relevance:
Original returned postal article sent to the respondent.
Reference:
Ext.A4

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 Anthiyalunkal Deepa Mathai vs Sarath Prakash regarding arrears of rent
Case Code Year
Case between Anthiyalunkal Deepa Mathai vs Sarath Prakash regarding arrears of rent

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Mon, 08/01/2022 - 12:00
Case Closed
Wed, 07/31/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
95%

Involved Entities

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