Case Summary
A.R. Rejeesh, the petitioner, is seeking eviction of Ramesh Kumar for not paying rent for a leased building. The petitioner claims a bona fide need for the property as his family lacks suitable accommodation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to non-payment of rent and the petitioner's pressing need for the property. The respondent is ordered to vacate within 30 days.
Why Plaintiff Won:
The petitioner established his claim of unpaid rent and bona fide need for the property.
The petitioner established his claim of unpaid rent and bona fide need for the property.
Losing Side's Weaknesses:
The petitioner established his claim of unpaid rent and bona fide need for the property.
The petitioner established his claim of unpaid rent and bona fide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 and Ext. C1 established his case as pleaded by him. It shows that the rent is in arrears. The bonafide need was projected by the petitioner.
Judgment Evidence:
In the result, the petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: 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
- A.R. Rejeesh
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramesh Kumar
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Certified copy of sale deed No. 8444/2005 of SRO, Ernakulam, Copy of Lawyer's notice, Original returned cover unclaimed along with acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Abrahim Abdul Samad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Subin K. Sudheer
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner is granted possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to recover costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed establishing ownership of the petition schedule building.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice demanding payment of due rent and vacant possession.
Reference:
Ext.A2
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Original returned cover indicating the notice sent to the respondent was unclaimed.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed in support of the petitioner's claim.
Reference:
Ext.C1
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 A.R. Rejeesh vs Ramesh Kumar regarding eviction for non-payment of rent
Case Code Year
Case between A.R. Rejeesh vs Ramesh Kumar regarding eviction for non-payment of rent