Case Summary
Assis P.S. is the petitioner who seeks eviction of Anna Jomol Joseph for defaulting on rent payments. The petitioner claims to need the property for his business activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to put the petitioner in possession of the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner proved the default in payment of rent and bonafide need for the premises.
The petitioner proved the default in payment of rent and bonafide need for the premises.
Losing Side's Weaknesses:
The petitioner proved the default in payment of rent and bonafide need for the premises.
The petitioner proved the default in payment of rent and bonafide need for the premises.
Supporting Evidence
Thus, the bonafide need was also projected by the petitioner in petition schedule property u/S.11(3) of the Act.
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 21.08.2024, 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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Veena Vallikanthan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Robeka John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saniya Jose Mampilly
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The tenant is to be evicted from the premises in favor of the landlord.
Evidence:
The petition is allowed u/S. 11(2)(b) and 11 (3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Proves the existence of the landlord-tenant relationship and the terms of occupancy.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Serves as proof of the demand for unpaid rent.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer's notice to the respondent.
Reference:
Ext.A3
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Indicates the receipt of the lawyer's 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 rent control and eviction
Case Code Year
Case between Assis P.S. vs Anna Jomol Joseph regarding rent control and eviction