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R.C.P. No. 43/2024

Case between Hema Prabha vs Sumesh Parameswaran regarding eviction under the Kerala Buildings (Lease and Rent Control) Act

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-07-03
Duration

Judgement document from eCourt website

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Case Summary

Hema Prabha, the petitioner, is seeking eviction of Sumesh Parameswaran, the respondent, from a rented room used as a barber shop due to non-payment of rent. The petitioner claims a genuine need to use the room for a tuition center to support her family.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the eviction petition, finding the petitioner's need for the premises genuine and the respondent in default of rent payments. The respondent has been ordered to vacate the premises within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rented premises.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner provided sufficient evidence of rental arrears and a genuine need for the property.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) and 11(3) 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

Hema Prabha (60 years years) Manayil House, Pangarappilly P.O., Edakkatuvayal Village, Kanayanoor Taluk, Ernakulam District-682 314

Defendants

Sumesh Parameswaran (Age not specified years) Arakkathazhathu House, Arakkunnam P.O., Edakkattuvayyal Village, Kanayannur Taluk, Ernakulam District-682 314

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) 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.
Relief Type: Costs
Outcome: Granted
Description:
The petitioner is 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: Lease Agreement
Submitted By: Plaintiff
Relevance:
Original lease agreement executed between the petitioner and the respondent dated 30.06.2022.
Reference:
Ext.A1
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice issued to the respondent dated 12.12.2023.
Reference:
Ext.A2
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Original postal receipt dated 13.12.2023.
Reference:
Ext.A3
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Original acknowledgment card.
Reference:
Ext.A4
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Unrebutted oral testimony established the petitioner's case.
Reference:

Quick Facts

Location
Ernakulam
Case Filed
Thu, 06/30/2022 - 12:00
Outcome Confidence
90%

Involved Entities

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