Case Summary
The petitioner, B.K. Santha, seeks eviction of the respondent, Jishnu P M, for non-payment of rent. The respondent occupied a shop room but failed to pay rent and other dues, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition, directing the respondent to vacate the premises within 30 days. The petitioner is entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioner provided sufficient evidence of non-payment of rent and legal ownership.
The petitioner provided sufficient evidence of non-payment of rent and legal ownership.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of non-payment of rent and legal ownership.
The petitioner provided sufficient evidence of non-payment of rent and legal ownership.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits established that the huge rent is in arrears as claimed by the petitioners, satisfying the court that the petitioner is entitled to get a final order of eviction.
Judgment Evidence:
In the result, The petition is allowed u/sec. 11(2)(b) 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
- B.K. Santha
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jishnu P M
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Ownership certificate File No.4016902/1946/2023, Original rent deed dated 25.05.2018, Original rent deed dated 08.03.2019, Legal notices and postal acknowledgment cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- J. Asokan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gladis K.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the shop room.
Evidence:
The petition is allowed u/sec. 11(2)(b) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to 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:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Ownership is supported by a certificate from the Kochi Municipal Corporation.
Reference:
Ext.A1
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
Original rent deed for Veena C.J. made in favour of the respondent.
Reference:
Ext.A2
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
Original rent deed entered by the respondent with the petitioner.
Reference:
Ext.A3
Document Type:
Draft Rent Deed
Submitted By:
Plaintiff
Relevance:
Draft rent deed delivered by respondent to petitioner for execution.
Reference:
Ext.A4
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice served on the petitioner by respondent.
Reference:
Ext.A5
Document Type:
Copy of Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice by petitioner through Advocate to both Jishnu and Veena.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card sent to Advocate Sanish C.R.
Reference:
Ext.A7
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card sent to respondent at his Pathanamthitta address.
Reference:
Ext.A8
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card sent to respondent at his Ernakulam address.
Reference:
Ext.A9
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card addressed to Veena C.J.
Reference:
Ext.A10
Document Type:
Original Reply Letter
Submitted By:
Plaintiff
Relevance:
Original reply letter from the Special Tahasildar (L.A.) No.2.
Reference:
Ext.A12
Document Type:
Copy of Summons
Submitted By:
Plaintiff
Relevance:
Copy of summons received from the court in the injunction suit.
Reference:
Ext.A13
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
Copy of judgment in the injunction suit.
Reference:
Ext.A14
Document Type:
Printout of Web Page
Submitted By:
Plaintiff
Relevance:
Printout showing the status of WP(c) No. 11103/2024.
Reference:
Ext.A15
Document Type:
Original letter
Submitted By:
Plaintiff
Relevance:
Original letter addressed to Hon’ble Principal District Judge.
Reference:
Ext.A16
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice sent to the respondent.
Reference:
Ext.A17
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card and receipts at respondent's Pathanamthitta address.
Reference:
Ext.A18
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgment card and receipts at respondent's Ernakulam address.
Reference:
Ext.A19
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 B.K. Santha vs Jishnu P M regarding eviction from rental property
Case Code Year
Case between B.K. Santha vs Jishnu P M regarding eviction from rental property