Case Summary
Dr. Sasidharan Pillai, a retired Government Doctor and landlord, filed a petition against Albert Antony for eviction due to non-payment of rent and bonafide need to use the premises for his clinic. The counter petitioner failed to comply with legal notices and did not enter appearance in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and payment of costs.
Case Type
Eviction Petition
Final Judgment
No
The court directed Albert Antony to vacate the residential building and hand over possession to Dr. Sasidharan Pillai within 45 days, and to pay the costs of the proceedings.
Why Plaintiff Won:
The petitioner proved his case by providing sufficient evidence of non-payment and bona fide need.
The petitioner proved his case by providing sufficient evidence of non-payment and bona fide need.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
By producing Exts. A1 to A4 and by deposing in tune with the petition averments in the affidavit, the petitioner has succeeded in proving his case.
Judgment Evidence:
In the result, the respondent is directed to vacate the petition scheduled residential building and handover vacant possession of the same to the petitioner under Section 11 (2) (b) and 11(3) of Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Sasidharan Pillai
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Albert Antony
Plaintiffs Documents
Office copy of Advocate Notice dated 30/10/2024, Postal receipt dated 30/10/2024, Returned Postal Envelope, Copy of rent agreement dated 15/12/2021, Copy of rent agreement dated 02/05/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anandu P Anand
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gopika.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vishakh.J
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition scheduled residential building.
Evidence:
The petitioner is entitled to the relief as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of costs of the proceedings.
Evidence:
The respondent is directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Advocate notice demanding the respondent to clear the rent arrears and vacate the petition scheduled building.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the mailing of the advocate notice.
Reference:
Ext.A2
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
Returned postal envelope related to the mailing of the advocate notice.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the rental agreement dated 15/12/2021 indicating the tenancy terms.
Reference:
Ext.A4
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the rental agreement dated 02/05/2024 indicating a 3-month extension.
Reference:
Ext.A5
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Dr. Sasidharan Pillai vs Albert Antony regarding eviction and recovery of rent arrears.
Case Code Year
Case between Dr. Sasidharan Pillai vs Albert Antony regarding eviction and recovery of rent arrears.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour