Case Summary
The petitioner, Dheeraj Mathew, seeks eviction of the respondent, Jishnu Muraleedharan, for non-payment of rent as per the lease agreement. The respondent failed to appear in court, leading to an exparte hearing.
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.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act. The respondent was directed to vacate the premises within 30 days.
Why Plaintiff Won:
The court found that the petitioner had a bona fide need for the property and that proper legal procedures were followed for eviction.
The court found that the petitioner had a bona fide need for the property and that proper legal procedures were followed for eviction.
Losing Side's Weaknesses:
The court found that the petitioner had a bona fide need for the property and that proper legal procedures were followed for eviction.
The court found that the petitioner had a bona fide need for the property and that proper legal procedures were followed for eviction.
Supporting Evidence
Hence, point No. 1 found in favor of the petitioner, and is entitled to get a relief under section 11(2)(b) of the Act.
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
- Dheeraj Mathew
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Roshni Elizabeth
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jishnu Muraleedharan
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Certified copy of power of attorney, Lawyer’s notice, Postal receipt, Acknowledgment card, Lease agreement.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Manu Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neslin A.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Evict the respondent from the petition schedule building.
Evidence:
The petition is allowed u/S. 11(2)(b) and 11(3) of the Act with costs.
Documents & Evidence
Document Type:
Certified Copy of Power of Attorney
Submitted By:
Plaintiff
Relevance:
Proves the petitioner is the owner and has appointed a power of attorney to conduct litigations.
Reference:
Ext.A1
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Served as a demand for payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim of sending the lawyer’s notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer's notice by 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
Non-payment of rent
Case Code
Case between Dheeraj Mathew et al vs Jishnu Muraleedharan regarding rent arrears and eviction.
Case Code Year
Case between Dheeraj Mathew et al vs Jishnu Muraleedharan regarding rent arrears and eviction.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act