Case Summary
Bloomy Suresh and Suresh P Rajan are seeking eviction of M/s Melker Finance & Leasing Pvt Ltd due to non-payment of rent. The court found the petitioners established their bonafide need for the premises for a business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant from the premises.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to non-payment of rent, ordering the respondent to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners provided unrebutted evidence of rent arrears and established their need for the property.
The petitioners provided unrebutted evidence of rent arrears and established their need for the property.
Losing Side's Weaknesses:
The petitioners provided unrebutted evidence of rent arrears and established their need for the property.
The petitioners provided unrebutted evidence of rent arrears and established their need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A3 established their case as pleaded by them.
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/ petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bloomy Suresh
- Party Age
- 60
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Suresh P Rajan
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Melker Finance & Leasing Pvt Ltd
- Relation
- Represented by
Plaintiffs Documents
Copy of Lawyer’s notice dated 18.12.2024, Original acknowledgment card dated 27.12.2024, Original returned notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anish Madhav A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.H. Chandrabhanu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dhanya Krishnakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
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/petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to recover costs from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is a legal notice demanding payment of rent arrears and vacating of premises.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the delivery of the legal notice to the respondent.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document indicates the legal notice that was returned as unserved.
Reference:
Ext.A3
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 Bloomy Suresh and Suresh P Rajan vs M/s Melker Finance & Leasing Pvt Ltd regarding eviction for non-payment of rent
Case Code Year
Case between Bloomy Suresh and Suresh P Rajan vs M/s Melker Finance & Leasing Pvt Ltd regarding eviction for non-payment of rent