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
The court allowed the petition for eviction due to the respondent's failure to vacate and pay rent. The tenant is to vacate the premises within 30 days.
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.
Losing Side's Weaknesses:
The petitioner's claim was substantiated through unrebutted testimony and evidence presented.
The petitioner's claim was substantiated through unrebutted testimony and evidence presented.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established her case as pleaded by her. It shows that the rent is in arrears. The bonafide need was also projected by the petitioner.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Chennujan
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sunitha
- Party Age
- 50
- Relation
- C/o
Plaintiffs Documents
Original rent agreement dated 01.01.2023, Lawyer’s notice dated 24.09.2024, Original postal receipt dated 24.09.2024, Original cover with lawyer’s notice along with acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Vishnu Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthi Das
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Majesh P.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Maria Neethu T.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anagha A. S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Swurav B.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Safna P.S.
- Appearance Type
- Assisting Counsel
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
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 Chennujan vs Sunitha regarding eviction and rent arrears
Case Code Year
Case between Chennujan vs Sunitha regarding eviction and rent arrears