Case Summary
In this case, petitioners Justin James and Elsa Babu are seeking eviction of the respondent Muhammed Haris for non-payment of rent. The petitioners require the flat for their son's treatment as he is diagnosed with Autism Spectrum Disorder.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner entitled to get the costs of the petition from the respondent.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners established their case with unrebutted testimony and evidence of non-payment.
The petitioners established their case with unrebutted testimony and evidence of non-payment.
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
Justin James (38 years)
Puthenpura House, Paral, Changanassery, Kottayam 686103
Elsa Babu (36 years)
Puthenpura House, Paral, Changanassery, Kottayam 686103
Babu Sebastian M (63 years)
Maliakkal House, Nayarambalam, Kochi Taluk, Ernakulam, PIN 682509
Defendants
Muhammed Haris (44 years)
Flat No. 1 C, BCG Golden Orchids, Phase II, Ruby Lane, Thammanam, Pin-682032
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- 1.The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney dated 03.07.2024 establishing the petitioners' authority to file the case.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Original rent agreement dated 06.05.2023 defining the lease terms between the petitioners and the respondent.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice dated 21.10.2023 demanding vacant possession from the respondent.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 27.10.2023 from the respondent acknowledging the demand and requesting time to vacate.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice dated 01.03.2024 terminating the lease effective 06.04.2024.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt.
Reference:
Ext.A6
Document Type:
Acknowledgment/Delivery Card
Submitted By:
Plaintiff
Relevance:
Original A/D card accepted and admitted in evidence.
Reference:
Ext.A7