Case Summary
Babu. K. Putheth, the petitioner, is seeking eviction of Muhammed Rameez M.J., the respondent, for non-payment of rent. The case revolves around a rental agreement that the respondent allegedly defaulted on since April 2021.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition scheduled building within 30 days.
Case Type
Eviction
Final Judgment
No
The court ordered the respondent to vacate the rented premises within 30 days due to non-payment of rent. The petitioner was also awarded the costs of the proceedings.
Why Plaintiff Won:
The petitioner established that the respondent has defaulted on rent payments and provided sufficient evidence supporting his claim.
The petitioner established that the respondent has defaulted on rent payments and provided sufficient evidence supporting his claim.
Losing Side's Weaknesses:
The petitioner established that the respondent has defaulted on rent payments and provided sufficient evidence supporting his claim.
The petitioner established that the respondent has defaulted on rent payments and provided sufficient evidence supporting his claim.
Supporting Evidence
It can only be found that the rent arrears of Rs.2,45,000 is still due to the petitioner as on November 2022.
Judgment Evidence:
The petition is allowed as follows; i. The respondent is directed to give vacant possession of the petition scheduled building to the petitioners within 30 days from today under Section 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Babu. K. Putheth
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Rameez M.J.
- Party Age
- 26
- Relation
- S/o
Plaintiffs Documents
Original leave and license agreement dated 20.01.2021, Original power of attorney dated 17.10.2022, Copy of lawyer’s notice dated 30.07.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Pramod Das Lohya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Praveen Hariharan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smitha Praveen
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Shaniba T.T.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vipindas M.V.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal Dev D.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nikitha S. Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ravathi P.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sahikh Muhammed
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested the eviction of the respondent from the petition schedule building.
Evidence:
The petitioner is entitled to get an order of eviction under section 11(2)(b) of the Act.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The petitioner requested to recover the costs of the proceedings from the respondent.
Evidence:
The petitioner is entitled to receive the costs of the proceedings from the respondent.
Documents & Evidence
Document Type:
Leave and License Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the rental agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document authorizes Pramod Das Lohya to represent the petitioner in the court.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to prove that the petitioner issued a notice demanding arrears of rent.
Reference:
Ext.A3
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Babu. K. Putheth vs Muhammed Rameez M.J. regarding eviction under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Case Code Year
Case between Babu. K. Putheth vs Muhammed Rameez M.J. regarding eviction under Section 11(2) of the Kerala Buildings (Lease and Rent Control) Act 1965.