Case Summary
C. Hari Prakash and D. Jayasree, landlords, petitioned for eviction of their tenant Prasanna Sajeev for failing to pay rent. The court found that the tenant had defaulted on rent payments despite being given notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction of the tenant due to non-payment of rent. The tenant was ordered to vacate the premises.
Why Plaintiff Won:
The landlord established that the tenant willfully defaulted on rent payments and did not provide sufficient evidence to support the defense.
The landlord established that the tenant willfully defaulted on rent payments and did not provide sufficient evidence to support the defense.
Losing Side's Weaknesses:
The landlord established that the tenant willfully defaulted on rent payments and did not provide sufficient evidence to support the defense.
The landlord established that the tenant willfully defaulted on rent payments and did not provide sufficient evidence to support the defense.
Supporting Evidence
The court found that there were rent arrears as claimed by the petitioners, and the contentions raised in the objection were not supported with any evidence.
Judgment Evidence:
In the result, the petition is allowed u/S. 11(2)(b) 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
- C. Hari Prakash
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- D. Jayasree
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Prasanna Sajeev
- Relation
- W/o
Plaintiffs Documents
Original rent agreement dated 03.04.2023, Copy of Lawyer's notice dated 01.04.2024, Original postal receipt, Original acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vidhu C.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suresh Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Parvathy Sanker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sabu Thozhuppadan K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Renjitha J. Ponnamattom
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioners are entitled to recover possession of the schedule building from the respondent.
Evidence:
The petition is allowed u/S. 11(2)(b) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Cost
Outcome:
Granted
Description:
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:
This document establishes the terms of the tenancy, including the agreed rent and advance, which are central to the case.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to inform the respondent of the arrears and is necessary for the eviction proceedings.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the lawyer's notice to the respondent, fulfilling a legal requirement.
Reference:
Ext.A3
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the lawyer's notice by the respondent, which is crucial for the case against her.
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
Case Code
Case between C. Hari Prakash et al vs Prasanna Sajeev regarding eviction under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between C. Hari Prakash et al vs Prasanna Sajeev regarding eviction under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act.