Case Summary
Jaimy Sabu, the plaintiff, is seeking eviction of the defendants for non-payment of rent and for her own business needs. The defendants, K.T Kunjappan and Usha M.P, were in default regarding rent payments and did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to hand over vacant possession of the plaint schedule room to the plaintiff.
Case Type
Civil Suit
Final Judgment
No
The court has decreed the suit, directing the defendants to vacate the property due to arrears of rent and Jaimy Sabu's bona fide need for the property.
Why Plaintiff Won:
The plaintiff established her ownership and the defendants' default in rent payments.
The plaintiff established her ownership and the defendants' default in rent payments.
Losing Side's Weaknesses:
The plaintiff established her ownership and the defendants' default in rent payments.
The plaintiff established her ownership and the defendants' default in rent payments.
Supporting Evidence
From the evidence of PW1, it can be gathered that the plaintiff is entitled to a decree of eviction directing the defendants to hand over the vacant possession of the plaint schedule room to the plaintiff on the grounds of arrears of rent and bonafide need of the plaintiff.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants 1 and 2 are directed to hand over the vacant possession of the plaint schedule room to the plaintiff.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jaimy Sabu
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.T Kunjappan
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Usha M.P
- Party Age
- 49
- Relation
- D/o
Plaintiffs Documents
Lease Deed dated 02.09.2021, Lawyer Notice dated 18.08.2022, Postal Receipts, True copy of the Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sibi Karun
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Plaintiff sought eviction of the defendants from the plaint schedule room.
Evidence:
The plaintiff is entitled to a decree of eviction directing the defendants to hand over the vacant possession of the plaint schedule room to the plaintiff on the grounds of arrears of rent and bonafide need of the plaintiff.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Photocopy of the lease deed is subject to proof and establishes the initial lease agreement.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of the lawyer notice sent regarding arrears of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the correspondence.
Reference:
Ext.A3
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment document relevant to the case.
Reference:
Ext.A4
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover evidence for the correspondence.
Reference:
Ext.A5
Document Type:
Plaint in O.S 720/2022
Submitted By:
Plaintiff
Relevance:
True copy of the plaint in the previous case that adds context to the current case.
Reference:
Ext.A6
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
True copy of the notice issued to the defendants.
Reference:
Ext.A7
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Eviction
Case Code
Case between Jaimy Sabu vs K.T Kunjappan et al regarding eviction and arrears of rent.
Case Code Year
Case between Jaimy Sabu vs K.T Kunjappan et al regarding eviction and arrears of rent.