Case Summary
The petitioners, owners of a building, seek eviction of the respondent for non-payment of rent. The respondent has failed to comply with court orders related to the payment of rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners established the grounds of eviction due to non-payment of rent and the respondent's continued absence during the proceedings.
The petitioners established the grounds of eviction due to non-payment of rent and the respondent's continued absence during the proceedings.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b), 11(3), 11(4)(i), 11(4)(iii), 11(4)(v) of the Act with costs as follows:- 1.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
Haridasan Mathilakath (72 years)
9D, Transom, Landmark World, N.H.Bye-pass, G.A.College P.O, Iringallor, Olavanna panchayath, Kozhikode-673014
Kanakam Haridas (71 years)
9D, Transom, Landmark World, N.H. Bye-pass, G.A. College P.O, Iringallor, Olavanna panchayath, Kozhikode-673014
Sidharth Haridas (28 years)
9D, Transom, Landmark World, N.H.Bye-pass, G.A.College P.O, Iringallor, Olavanna panchayath, Kozhikode-673014
Defendants
Francis Vaidyan's Ayurveda Vaidyasala Pvt.Ltd (Age not specified years)
33/774 and 33/773, "Sruthi", Deshabhimani Road, Elamakkara, Ernakulam, Kochi 682026
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b), 11(3), 11(4)(i), 11(4)(iii), 11(4)(v) of the Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Common Judgment
Submitted By:
Plaintiff
Relevance:
Initially marked but rejected due to lack of foundation for secondary evidence. Subsequently, accepted as Ext.A1(a) after submission of a certified copy.
Reference:
Ext.A1
Document Type:
Certified copy of resolution
Submitted By:
Plaintiff
Relevance:
Indicates a business resolution relevant to the petitioners' case.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice sent regarding the tenancy issues.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notice regarding a different floor of the plaintiff schedule property.
Reference:
Ext.A4
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment related to communication with the respondent.
Reference:
Ext.A5
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Another acknowledgment related to communication with the respondent.
Reference:
Ext.A6
Document Type:
Original Reply Notice
Submitted By:
Plaintiff
Relevance:
A reply notice issued by the respondent.
Reference:
Ext.A7
Document Type:
Original Reply Notice
Submitted By:
Plaintiff
Relevance:
Another reply notice issued by the respondent.
Reference:
Ext.A8