Case Summary
The plaintiffs, Jacob K. Baby and Mariamma, are seeking the eviction of the defendant Subhash from a shop room. The defendant is accused of defaulting on rent payments and unauthorized closure of the shop.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The defendant is directed to surrender the shop room with vacant possession to the plaintiffs and pay the arrears of rent and electricity dues.
Case Type
Civil Suit
Final Judgment
No
The suit is decreed in favor of the plaintiffs. The defendant has been directed to surrender the shop room to the plaintiffs.
Why Plaintiff Won:
The plaintiffs proved that the defendant committed default in payment of rent and has not substantiated claims of damages.
The plaintiffs proved that the defendant committed default in payment of rent and has not substantiated claims of damages.
Losing Side's Weaknesses:
The plaintiffs proved that the defendant committed default in payment of rent and has not substantiated claims of damages.
The plaintiffs proved that the defendant committed default in payment of rent and has not substantiated claims of damages.
Supporting Evidence
The plaintiffs proved that the defendant committed default in payment of rent and the tenancy was validly terminated by issuing statutory notice.
Judgment Evidence:
In the result, the suit is decreed with costs as follows: 1.The defendant is directed to surrender the shop room with vacant possession to the plaintiff forthwith, failing which, the plaintiffs are entitled to recover possession through due process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jacob.K.Baby
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mariamma
- Party Age
- 83
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Subhash
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Rent Deed No. 01-07-1990, Legal Notice dated 03-08-2020, Acknowledgment Card dated 05-08-2020, Reply notice dated 25-08-2020, Certificate of K.S.E.B, East Kallada
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sumith Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- C.S.Sunil Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The plaintiffs sought eviction of the defendant from the shop room.
Evidence:
In the result, the suit is decreed with costs as follows: 1.The defendant is directed to surrender the shop room with vacant possession to the plaintiff forthwith.
Relief Type:
Recovery
Outcome:
Granted
Description:
The plaintiffs sought to recover arrears of rent and electricity dues from the defendant.
Evidence:
The plaintiffs are entitled to realise the arrears of rent from 04.04.2018 and electricity dues from the defendant and his assets.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of tenancy between the plaintiffs and the defendant.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to terminate the tenancy and demand surrender of the shop room.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof that the defendant received the termination notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document contains the defendant's response to the plaintiffs' termination notice.
Reference:
Ext.A4
Document Type:
Certificate from K.S.E.B
Submitted By:
Plaintiff
Relevance:
This certificate is relevant to the issues concerning electricity dues.
Reference:
Ext.A5
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Jacob.K.Baby et al vs Subhash regarding Eviction
Case Code Year
Case between Jacob.K.Baby et al vs Subhash regarding Eviction