Case Summary
Chhandus C. filed a petition for eviction against AGS Transact Technologies Ltd. for failing to pay rent. The court allowed the petition based on the evidence presented by the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by Chhandus C. against AGS Transact Technologies Ltd. due to non-payment of rent.
Why Plaintiff Won:
The petitioner provided unchallenged evidence and established his entitlement to eviction under the Kerala Building (Lease and Rent Control) Act.
The petitioner provided unchallenged evidence and established his entitlement to eviction under the Kerala Building (Lease and Rent Control) Act.
Losing Side's Weaknesses:
The petitioner provided unchallenged evidence and established his entitlement to eviction under the Kerala Building (Lease and Rent Control) Act.
The petitioner provided unchallenged evidence and established his entitlement to eviction under the Kerala Building (Lease and Rent Control) Act.
Supporting Evidence
I have meticulously gone through the evidence adduced by the petitioner. He filed proof affidavit in tune with the pleadings. Petitioner was also rely on Ext. A1 to A5 documents to establish his case.
Judgment Evidence:
In the result, the petition is allowed on costs as follows:- 1. The petitioner/landlord is entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2) (b) of the Kerala Building (Lease and Rent Control) Act, 1965. The respondent/tenant is directed to put the landlord in vacant possession of the petition schedule building within one month from the date of this order, failing which petitioner is entitled to get it recovered through the process of the court in execution.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chhandus C.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- AGS Transact Technologies Ltd.
Plaintiffs Documents
Original Licence, Original building tax receipt of the plaint schedule property, Ownership Certificate of the Plaint schedule property, Office Copy of the advocate notice, A/d Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Manaph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is granted an order of eviction from the scheduled building.
Evidence:
The petitioner/landlord is entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2) (b) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to receive costs from the respondent.
Evidence:
The petitioner is entitled to get costs from the respondent.
Documents & Evidence
Document Type:
Original Licence
Submitted By:
Plaintiff
Relevance:
This document was used to establish the legitimacy of the petitioner's claim to eviction.
Reference:
Ext.A1
Document Type:
Original building tax receipt of the plaint schedule property
Submitted By:
Plaintiff
Relevance:
This document was presented to show that the petitioner was paying the building tax.
Reference:
Ext.A2
Document Type:
Ownership Certificate of the Plaint schedule property
Submitted By:
Plaintiff
Relevance:
This document was used to confirm the petitioner's ownership of the property.
Reference:
Ext.A3
Document Type:
Office Copy of the advocate notice
Submitted By:
Plaintiff
Relevance:
This document was necessary to demonstrate the notice sent to the tenant regarding rent arrears.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This document was included to provide additional proof related to the advocate's notice.
Reference:
Ext.A5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
Case between Chhandus C. vs AGS Transact Technologies Ltd. regarding eviction under Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between Chhandus C. vs AGS Transact Technologies Ltd. regarding eviction under Kerala Building (Lease and Rent Control) Act