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
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.
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
Plaintiffs
C. Hari Prakash (57 years)
Madathil House, Kandalloor south P.O., Kayamkulam, Alappuzha
D. Jayasree (54 years)
Madathil House, Kandalloor south P.O., Kayamkulam, Alappuzha
Defendants
Prasanna Sajeev (Age not specified years)
Pulluttil house, Perumbalam P.O, Cherthala Alappuzha- 688570 Presently at Jit & Jit Lane 22, Janatha Road, Vyttila Kochi- 19
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