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
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
Why Plaintiff Won:
The petitioner established her case with unrebutted evidence.
The petitioner established her case with unrebutted evidence.
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
Plaintiffs
Anthiyalunkal Deepa Mathai (49 years years)
Kallarackal House, Mamalassery Kara, Mamalassery P.O., Ramamangalam Village, Kunnathunadu Taluk, Ernakulam District686663
Defendants
Sarath Prakash (27 years years)
Ambalathinkal House, Pathar, Malappuram District, Pin679334
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