Case Summary
Joseph Zacharias, the petitioner, seeks eviction of Mohammed Rafi, the respondent, from a leased property due to non-payment of rent and the petitioner's bonafide need for the property. The respondent has failed to vacate despite the lease period expiring.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner's case was established through uncontroverted evidence and testimony.
The petitioner's case was established through uncontroverted evidence and testimony.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2) and 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Joseph Zacharias (68 years)
Cinzac Towers, Chittoor Road, Pachalam, Kochi682012
Defendants
Mohammed Rafi (55 years)
42/710, Fathima Manzil, Market Road, Kombara, Ernakulam now residing at Building No.74/84, First Floor, T Square Road, Pachalam, Kochi682012
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Vacant possession of the petition schedule building was requested and granted.
Evidence:
The petition is allowed u/s 11(2) and 11(3) of the Act with costs.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Original lease deed dated 06.02.2023 establishing the rental agreement.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 23.11.2023 demanding vacant possession.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card showing acceptance of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
True copy of the rent deed dated 02.05.2023, which was rejected due to missing certification.
Reference:
Ext.A4
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Unrebutted oral testimony of the petitioner established the case.
Reference: