Case Summary
Joy Thomas Kuriappilly and Jose Thomas Kuriappilly are the petitioners seeking recovery of possession of their rented property from Ajesh Thilakan, the respondent. The respondent has failed to pay rent and continues to occupy the property despite the lease expiry.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners sufficiently established their bonafide need and the respondent's failure to pay rent.
The petitioners sufficiently established their bonafide need and the respondent's failure to pay rent.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) 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
Joy Thomas Kuriappilly alias Joy (60 years years)
Maradu P.O., Kochi682302.
Jose Thomas Kuriappilly alias Shaji (58 years years)
Maradu P.O., Kochi682 302.
Defendants
Ajesh Thilakan (40 years years)
Indiana Ready made Shop, Ground Floor, Kuriappilly Tower, Near P.S. Mission Hospital, Maradu, Ernakulam682 304.
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is granted possession of the petition schedule building within 30 days.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Unknown
Description:
The outcome regarding the provision under u/S 11(2)(c) is not specified.
Evidence:
The order passed u/S 11(2)(b) shall be subject to the provisions u/S 11(2)(c) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish the petitioners' claim of bonafide need as it notified the respondent to vacate the premises.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document served as proof of the dispatch of the lawyer's notice to the respondent.
Reference:
Ext.A2
Document Type:
Acknowledgement
Submitted By:
Plaintiff
Relevance:
This document was presented as evidence that the notice was received by the respondent.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of the second petitioner supported the claims made in the petition.
Reference: