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R.C.P. No. 138/2024

Case between Dr. P.K. Abdul Nassar, Babu Navaz P. K vs Rafeek M.A regarding eviction for non-payment of rent

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2024-12-21
Duration

Judgement document from eCourt website

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Case Summary

The petitioners, Dr. P.K. Abdul Nassar and Babu Navaz P. K, are seeking eviction of the respondent Rafeek M.A due to non-payment of rent and violation of lease terms. The respondent has accrued significant arrears and has failed to comply with prior legal notices.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction due to the respondent's failure to pay rent. The respondent is directed to vacate the premises within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners provided sufficient evidence of rent arrears and violations of lease terms.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Plaintiffs

Dr. P.K. Abdul Nassar (64 years) House No. 71/523, Kausalya Nagar, Elamakkara P.O., Ernakulam District, PIN-682026 Babu Navaz P. K (52 years) House No. 13/420, M.K.S Road, Chullikkal, Cochin, PIN - 682005

Defendants

Rafeek M.A. (46 years) Madura Veedu, Perunna Kizhakk, Changanassery P.O., Kottayam 686101

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act with costs.
Relief Type: Possession
Outcome: Granted
Description:
Petitioner to be put in possession of the property within 30 days.
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: Costs
Outcome: Granted
Description:
Petitioner entitled to get costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.

Documents & Evidence

Document Type: Copy of plaint
Submitted By: Plaintiff
Relevance:
Filed to support the petitioner's claim.
Reference:
Ext.A1
Document Type: Office Copy of Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Served to the respondent to demand payment of due rent.
Reference:
Ext.A2
Document Type: Original Postal receipt
Submitted By: Plaintiff
Relevance:
Proves the sending of the legal notice to the respondent.
Reference:
Ext.A3
Document Type: Original A/D Card
Submitted By: Plaintiff
Relevance:
Confirms receipt of the legal notice by the respondent.
Reference:
Ext.A4

Quick Facts

Location
ERNAKULAM
Case Filed
Sun, 05/01/2022 - 12:00
Outcome Confidence
90%

Involved Entities

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