Case Summary
Indira Chacko and her daughter Smitha Chacko filed a petition against Irshad C.I. for failure to pay rent and unauthorized alterations in the leased property. The court examined the evidence and granted relief to the petitioners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control
Final Judgment
No
The petition was allowed, directing the respondent to hand over possession of the property to the petitioners within 30 days. The court also granted costs to the petitioners.
Why Plaintiff Won:
The petitioners established their case with unimpeached evidence.
The petitioners established their case with unimpeached evidence.
Losing Side's Weaknesses:
The petitioners established their case with unimpeached evidence.
The petitioners established their case with unimpeached evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext A1 to A6 and Ext C1 and C1(a) established his case as pleaded by him.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) 11(4)(v) of the Act with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Indira Chacko
- Party Age
- 80
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Smitha Chacko
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Irshad C.I.
- Party Age
- 46
Plaintiffs Documents
Original power of attorney dated 28.12.2023, Certified copy of O.S. No. 873/2023, Copy of lawyer's notice dated 07.10.2023, Copy of complaint filed before the Palarivattom police station.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- C.P. Wilson
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
In the result, The petition is allowed u/s 11(2)(b) 11(4)(v) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section and 11(2)(b) and 11(4)(v) of the Act 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:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the petitioners' Power of Attorney Holder to file the petition.
Reference:
Ext.A1
Document Type:
Certified copy of OS
Submitted By:
Plaintiff
Relevance:
This document provides evidence of a prior case filed by the respondent.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondent regarding the arrears of rent.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the lawyer's notice by the respondent.
Reference:
Ext.A4
Document Type:
Complaint
Submitted By:
Plaintiff
Relevance:
This document shows that the petitioners filed a complaint against the respondent for unauthorized alterations.
Reference:
Ext.A5
Document Type:
Receipt for Complaint
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the complaint was filed.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides details of the commission appointed in the case.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch was appended to the commission report.
Reference:
Ext.C1(a)
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The court considered the oral testimony of the petitioner as part of the evidence.
Reference:
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Indira Chacko et al vs Irshad C.I. regarding Rent Control
Case Code Year
Case between Indira Chacko et al vs Irshad C.I. regarding Rent Control