Case Summary
The petitioners, Dr. M.N Subramanian and K.M. Saraswathy, are the owners of a building leased to the respondents for running a restaurant. They filed a petition due to non-payment of rent and unauthorized changes made by the respondents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to put the landlord in possession of the building.
Case Type
Rent Control
Final Judgment
No
Why Plaintiff Won:
The petition was uncontroverted with no evidence presented by the respondents to refute the claims.
The petition was uncontroverted with no evidence presented by the respondents to refute the claims.
Judgment Evidence:
In the result: The petition is allowed u/s 11(2)(b) of the Act as follows: 1. The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Dr. M.N Subramanian (75 years years)
Poonthodath House, Eroor P.O.682 306
Mrs. KM Saraswathy (70 years years)
Poonthodath House, Eroor P.O 682 306
Defendants
M/s Su @ Park Institutions Pvt Ltd (Age not specified years)
Flat No. 3A, Sherwood Manor, Padivattom, Edapally P.O, Kochi 682 024
Ms. Hyeonju Park (Age not specified years)
Flat No. 3A, Sherwood Manor, Padivattom, Edapally P.O, Kochi 682 024
Mr. Jongman Park (Age not specified years)
Flat No. 3A, Sherwood Manor, Padivattom, Edapally P.O. Kochi 682 024
Mrs. Deepa Aruja (Age not specified years)
11/393, Aruja Nest, Thundathumkadavu, Near Captain Bridge, Varapuzha P.O, Ernakulam 683 517
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondents are directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act as follows: The respondents are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The order passed under Section 11(2)(b) shall be subject to provisions under Section 11(2)(c) of the Act.
Evidence:
The order passed under Section 11(2)(b) shall be subject to provisions under Section 11(2)(c) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to realize costs of the suit from the respondents.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondents.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Copy of lease deed dated 17.08.2022, marked subject to proof but rejected due to lack of evidence.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Copy of corrected lease deed dated 17.08.2022, marked subject to proof but rejected due to lack of evidence.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 26.04.2023, admitted and marked in evidence.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 15.05.2023, admitted and marked in evidence.
Reference:
Ext.A4
Document Type:
Rejoinder Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of rejoinder lawyer's notice dated 23.05.2023, admitted and marked in evidence.
Reference:
Ext.A5
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of PW1 established the petitioners' case.
Reference: