Case Summary
The case involves a petition filed by Hamsa for eviction of Jose due to non-payment of rent and breach of the rental agreement. The petitioner seeks possession of the property for his daughter who needs it for residence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the petition scheduled building and handover vacant possession.
Case Type
Eviction Petition
Final Judgment
No
The court ordered the respondent, Jose, to vacate the property and hand over possession to the petitioner, Hamsa, within 45 days.
Why Plaintiff Won:
The petitioner proved his case by providing evidence of non-payment of rent and necessity for the property for his daughter.
The petitioner proved his case by providing evidence of non-payment of rent and necessity for the property for his daughter.
Losing Side's Weaknesses:
The petitioner proved his case by providing evidence of non-payment of rent and necessity for the property for his daughter.
The petitioner proved his case by providing evidence of non-payment of rent and necessity for the property for his daughter.
Supporting Evidence
By producing Exts. A1 to A8 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 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
- Hamsa
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jose
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Rent Agreement dated 30/09/2014, Building Tax Receipt dated 05/02/2025, Office Copy of Advocate Notice dated 06/03/2024, Postal Receipt dated 07/03/2024, Acknowledgment Card dated 09/03/2024, Office Copy of Advocate Notice dated 14/02/2025, Postal Receipt dated 14/02/2025, Acknowledgment Card dated 18/02/2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sudhakaran .P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Nil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition scheduled building.
Evidence:
Hence, the petitioner is entitled to the relief as prayed for.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to handover vacant possession of the building to the petitioner.
Evidence:
The respondent is directed to put the landlord in possession of the petition schedule building within 45 days from today.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document serves as the basis for the rental agreement between the petitioner and respondent.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document proves the payment of applicable building taxes.
Reference:
Ext.A2
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This document is related to the legal notice sent to the respondent.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending communication.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt by the respondent.
Reference:
Ext.A5
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This document is another notice related to the proceedings.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of communication.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt of legal communication.
Reference:
Ext.A8
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 Hamsa vs Jose regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Hamsa vs Jose regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.