Case Summary
Dr. V. P. RAJAN filed a Rent Control Petition against 1Adv. V. T. PRADEEP KUMAR and PEOPLES DREAMS ENTERPRISES PRIVATE LIMITED for eviction due to non-payment of rent. The petitioner needs the shop room to start a medical clinic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction and costs
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the Rent Control Petition, granting eviction of the respondents from the shop room. The respondents are directed to vacate within one month.
Why Plaintiff Won:
The petitioner proved the essential requirements under sections 11(2)(b) and 11(3) of the Act as the respondents were proceeded exparte.
The petitioner proved the essential requirements under sections 11(2)(b) and 11(3) of the Act as the respondents were proceeded exparte.
Losing Side's Weaknesses:
The petitioner proved the essential requirements under sections 11(2)(b) and 11(3) of the Act as the respondents were proceeded exparte.
The petitioner proved the essential requirements under sections 11(2)(b) and 11(3) of the Act as the respondents were proceeded exparte.
Supporting Evidence
As far as Sec.11(2)(b) of the Act from the pleadings and from Ext.A2 statutory notice it is revealed that, the petitioner complied the essential requirement under section 11(2)(b) of the Act.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b) and 11(3) of the Act. The respondents are directed to vacate the petition schedule shop room and to hand over the same to the petitioner within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. V. P. RAJAN
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 1Adv. V. T. PRADEEP KUMAR
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PEOPLES DREAMS ENTERPRISES PRIVATE LIMITED
- Relation
- Represented by
Plaintiffs Documents
Rent Agreement executed by Dr. V. P. Rajan in favour of Adv. V. T. Pradeep Kumar, Copy of Lawyer Notice issued by Adv. V. T. Pradeep Kumar to the respondent, Postal Receipt, Acknowledgment Card, Unclaimed Cover
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- V. T. PRADEEP KUMAR
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction passed against the respondents for non-payment of rent.
Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b) and 11(3) of the Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the lease agreement between the petitioner and the respondents for the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the petitioner to demand payment of the outstanding rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the lawyer notice to the respondents.
Reference:
Ext.A2 (a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card shows that the addressee was not known which supports the petitioner's case.
Reference:
Ext.A3
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
This document relates to the unclaimed status of communication sent to the respondents.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Dr. V. P. RAJAN vs 1Adv. V. T. PRADEEP KUMAR et al regarding eviction of tenant
Case Code Year
Case between Dr. V. P. RAJAN vs 1Adv. V. T. PRADEEP KUMAR et al regarding eviction of tenant