Case Summary
This case involves petitioner Deepa Mary seeking eviction of two respondents, Sajna and Nizam, for default in rent payments and unauthorized use of the rented property. The respondents did not appear in court, leading to an ex parte decision.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents and payment of rent arrears.
Case Type
Rent Control
Final Judgment
No
The court granted the petitioner's request for eviction of the respondents due to non-payment of rent and unauthorized alterations to the rented property. The respondents were ordered to hand over possession of the property within 30 days.
Why Plaintiff Won:
The petitioner proved that the respondents defaulted in rent payment and violated the lease agreement.
The petitioner proved that the respondents defaulted in rent payment and violated the lease agreement.
Losing Side's Weaknesses:
The petitioner proved that the respondents defaulted in rent payment and violated the lease agreement.
The petitioner proved that the respondents defaulted in rent payment and violated the lease agreement.
Supporting Evidence
Exts. A1 to A8 would prove that the petitioner is entitled to get vacant possession of the petition schedule building under section 11(2)(b), 11(4)(i) and (ii) of the Act.
Judgment Evidence:
In the result, the petition is allowed as follows:- 1.The respondents are directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Deepa Mary
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajna
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nizam
- Party Age
- 60
Plaintiffs Documents
Notarized copy of Sale Deed No. 138/2018, Tax Receipt, Building Certificates, Certified copy of Rent Agreement, Postal Receipt, Advocate Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manoj Joseph Andrews
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neeraja Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to hand over the vacant possession of petition schedule building.
Evidence:
The petition is allowed as follows:- 1.The respondents are directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Relief Type:
Payment
Outcome:
Partly Granted
Description:
The respondents are required to pay the arrears of rent.
Evidence:
The tenant/respondent may, within the said period, deposit the arrears of rent Rs.3,63,000/- (Rupees Three Lakhs Sixty Three Thousand only) plus rent arrears till date with interest at 6% per annum and cost of the proceedings in court.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the petitioner over the petition schedule building.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the petitioner’s claim regarding the tax on the property.
Reference:
Ext.A2
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the status of the buildings in the petition schedule.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Demonstrates the terms agreed upon for the rental arrangement.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of communication regarding the rent.
Reference:
Ext.A5
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Shows the demand for payment of rent arrears.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms the receipt of the advocate notice.
Reference:
Ext.A7
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Validates ownership claims of the petitioner.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports the petitioner’s claims regarding property possession.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Deepa Mary vs Sajna et al regarding eviction of tenant
Case Code Year
Case between Deepa Mary vs Sajna et al regarding eviction of tenant