Case Summary
Chennujan, the petitioner and landlord, is seeking eviction of Sunitha, the tenant, for not vacating after lease expiry and failing to pay rent, accumulating significant arrears. The petitioner requires the apartment for her aged parents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days from the order.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner's claim was substantiated through unrebutted testimony and evidence presented.
The petitioner's claim was substantiated through unrebutted testimony and evidence presented.
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/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Chennujan (36 years)
C-1 S-1, K.B Park, Vattekunnam, Edappally North P.O, Thrikkakara North Village, Kanayanoor Taluk, Ernakulam District, Pin code-682024
Defendants
Sunitha (50 years)
C/o. Sherif. A S-3,F-4, K.B Park, 38/233, Vattekunnam, Edappally North P.O, Thrikkakara North Village, Kannayanoor Taluk, Ernakulam District, Pin code 682 024
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner is granted possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent is evicted due to non-payment of rent.
Evidence:
In the result, the petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs.
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:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Original rent agreement dated 01.01.2023 establishes the terms of the lease.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer’s notice dated 24.09.2024 was issued to the respondent demanding payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt dated 24.09.2024 supports delivery of the notice.
Reference:
Ext.A3
Document Type:
Cover with Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Original cover with lawyer’s notice and acknowledgment card returned from the respondent.
Reference:
Ext.A4