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
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rented premises.
Case Type
Rent Control Petition
Final Judgment
No
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.
Why Plaintiff Won:
The petitioner provided sufficient evidence of rental arrears and a genuine need for the property.
The petitioner provided sufficient evidence of rental arrears and a genuine need for the property.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of rental arrears and a genuine need for the property.
The petitioner provided sufficient evidence of rental arrears and a genuine need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A4 established her case as pleaded by her. It shows that the rent is in arrears as claimed by the petitioner.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Hema Prabha
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sumesh Parameswaran
- Relation
- S/o
Plaintiffs Documents
Original Lease Agreement dated 30.06.2022, Copy of Lawyer's notice dated 12.12.2023, Original postal receipt dated 13.12.2023, Original acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Paul K. Varghes
- Appearance Type
- Main Counsel
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:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Hema Prabha vs Sumesh Parameswaran regarding eviction under the Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Hema Prabha vs Sumesh Parameswaran regarding eviction under the Kerala Buildings (Lease and Rent Control) Act