Case Summary
J.Jayaparvathy Ammal filed a Rent Control Petition seeking eviction of Shiny Kamal due to non-payment of rent. The court allowed the petition as the counter petitioner was set exparte and failed to contest the matter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The Rent Control Petition was allowed exparte, and Shiny Kamal was directed to vacate the premises within 4 weeks.
Why Plaintiff Won:
The petitioner proved wilful default in payment of rent and bona fide requirement for her own occupation.
The petitioner proved wilful default in payment of rent and bona fide requirement for her own occupation.
Losing Side's Weaknesses:
The petitioner proved wilful default in payment of rent and bona fide requirement for her own occupation.
The petitioner proved wilful default in payment of rent and bona fide requirement for her own occupation.
Supporting Evidence
This Court finds that the petitioner has proved that wilful default in payment of rent under Section 11(2)(b), Bona-fide requirement for own occupation under Section 11(3), Cessation of occupation without reasonable cause under Section 11(4)(v).
Judgment Evidence:
In the result; 1.The Rent Control Petition is allowed exparte. 2.The counter petitioner is directed to vacate and surrender vacant possession of the petition schedule building to the petitioner within 4 weeks from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- J.Jayaparvathy Ammal
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shiny Kamal
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
The original lease Agreement, The office copy of the Registered Lawyer's Notice, The original of Land Tax Receipt No.KL05031207099/2024, The Original of Building Tax Receipt No.R-M050400-24033159 of Kottayam Municipality, Returned Registered Envelope with the Notice along with A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jayadeva George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasanth. S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the counter petitioner from the petition schedule building.
Evidence:
The petitioner is therefore entitled to an order of eviction as prayed for.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Proves the landlord-tenant relationship and terms of the lease.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence that a notice for arrears was issued to the counter petitioner.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the ownership claim of the petitioner regarding the property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Further establishes the ownership and tax obligations related to the property.
Reference:
Ext.A4
Document Type:
Registered Envelope with Notice
Submitted By:
Plaintiff
Relevance:
Provides evidence of the attempt to serve notice to the counter petitioner.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Corroborates the condition and occupation status of the petition schedule building.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
RCP.
Case Code Year
2024