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O.S. No. 40/2023

Case between Jaimy Sabu vs K.T Kunjappan et al regarding eviction and arrears of rent.

Court
Court of the Principal Munsiff, Ernakulam
Judge
Sri. Rohit Nandakumar
Order Date
2024-06-20
Duration
approximately-2 years 10 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
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.
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
Why Plaintiff Won:
The plaintiff established her ownership and the defendants' default in rent payments.

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

Plaintiffs

Jaimy Sabu (41 years) Kottalil House, Kottappady Desom, Kottappady Village, Kothamangalam Taluk, Ernakulam Dist. Pin - 686 692

Defendants

K.T Kunjappan (65 years) Pedikkatt Thuruthel, Irumbanam P.O, Thiruvamkulam Village, Kanayannoor Taluk, Ernakulam Dist. Usha M.P (49 years) Madathiparambil House, Thiruvamkulam, now residing at rent in Krishibhavan Road, 10th Mile, Udayamperoor, Ernakulam - 682 307

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

Quick Facts

Location
Ernakulam
Case Filed
Tue, 06/20/2023 - 12:00
Outcome Confidence
90%

Involved Entities

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