Case Summary
Joseph Martin, the petitioner, is the owner of a building that was leased to Sreejith N U for running a fitness center. The case revolves around the non-payment of rent and a petition for eviction after the lease expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of tenant from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The plaintiff's claim of outstanding rent and the respondent's failure to contest were adequately established.
The plaintiff's claim of outstanding rent and the respondent's failure to contest were adequately established.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) 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 11(2)(b) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Joseph Martin (56 years)
Nilavareth House, Kaloor Post, Ernakulam District, Pin 682 018
Defendants
Sreejith N U (31 years)
Neriyamlott House, Mamangalam, Palarivattom Post, Pin 682025, Edappally South Village, Kannayannur Taluk, Ernakulam District
Nineesh Thankachan (33 years)
Aluvassery House, Bhavans South Road, Elamakkara Post, Pin 682 026, Edappally North Village, Kannayannur Taluk, Ernakulam District
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act.
Documents & Evidence
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email dated 19.03.2020 issued by the respondent to the petitioner, acknowledged communication regarding rent.
Reference:
Ext.A2
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email dated 05.01.2021 issued by the respondent to the petitioner, acknowledged communication regarding rent.
Reference:
Ext.A3
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email dated 07.02.2021 issued by the petitioner to the respondent, part of correspondence.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 11.03.2021 to the respondent demanding payment.
Reference:
Ext.A5
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Original postal cover returned as unclaimed by the respondent.
Reference:
Ext.A6
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Original postal cover returned as unclaimed by Power of Attorney holder of the respondent.
Reference:
Ext.A7
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email dated 13.03.2021 showing attachment of legal notice to the respondent.
Reference:
Ext.A8
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email dated 25.03.2021 issued by the respondent to the petitioners, acknowledged communication regarding rent.
Reference:
Ext.A9
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Email dated 09.10.2021 issued by the counsel for the petitioner to the respondent.
Reference:
Ext.A10
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 09.10.2021 issued to the respondent.
Reference:
Ext.A11