Case Summary
Assis P.S., the petitioner, seeks eviction of Anna Jomol Joseph for non-payment of rent. The respondent failed to pay rent and constructed unauthorized structures on the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner is directed to be put in possession of the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction and granted the petitioner possession of the property within 30 days. The respondent has to pay the costs of the petition.
Why Plaintiff Won:
The petitioner complied with procedural requirements of the Rent Control Act.
The petitioner complied with procedural requirements of the Rent Control Act.
Losing Side's Weaknesses:
The petitioner complied with procedural requirements of the Rent Control Act.
The petitioner complied with procedural requirements of the Rent Control Act.
Supporting Evidence
The uncorroborated evidence of PW1 and Exts. A1 to A4 proves the case of PW1.
Judgment Evidence:
In the result, the petition is allowed 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
- Assis P.S.
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Anna Jomol Joseph
- Party Age
- 38
- Relation
- W/o
Plaintiffs Documents
Original rent agreement dated 28.09.2024, Copy of Lawyer's notice dated 07.03.2025, Original postal receipt, Original acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jaison Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jimmy Joseph
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Veena Vallikanthan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Robeka John
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saniya Jose Mampilly
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to eviction of the respondent from the petition schedule building.
Evidence:
In the result, the petition is allowed u/S. 11(2)(b) and 11 (3) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This document is the rent agreement dated 28.09.2024 between the petitioner and the respondent regarding the petition schedule property.
Reference:
Ext.A1
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This notice demands payment of rent arrears and serves as a formal communication to the respondent regarding defaults.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the dispatch of the notice to the respondent.
Reference:
Ext.A3
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the notice by 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 Assis P.S. vs Anna Jomol Joseph regarding eviction and rent arrears.
Case Code Year
Case between Assis P.S. vs Anna Jomol Joseph regarding eviction and rent arrears.