Case Summary
Karan Singh, the petitioner, has filed a petition against Sajitha R.N, the respondent, for possession of a rented property due to non-payment of rent and alleged unlawful use of the premises. The respondent failed to appear in court, leading to the case being heard ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building within 30 days
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises and hand over possession to the petitioner within 30 days. The petitioner is also entitled to recover the costs of the petition.
Why Plaintiff Won:
The petitioner's claims were unrebutted and supported by evidence, establishing that the rent is in arrears.
The petitioner's claims were unrebutted and supported by evidence, establishing that the rent is in arrears.
Losing Side's Weaknesses:
The petitioner's claims were unrebutted and supported by evidence, establishing that the rent is in arrears.
The petitioner's claims were unrebutted and supported by evidence, establishing that the rent is in arrears.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established his case as pleaded by him. It shows that the rent is in arrears.
Judgment Evidence:
Hence, the petition is allowed u/s 11(2)(b) 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karan Singh
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sajitha R.N
- Relation
- D/o
Plaintiffs Documents
Original Lease agreement dated 01.04.2023, Copy of Lawyer's notice dated 23.04.2024, Reply notice dated 09.05.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B. Kishor
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Robin Jose M.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Swetha S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act with costs.
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:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Original lease agreement dated 01.04.2023.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 23.04.2024 demanding arrears of rent.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 09.05.2024 containing the respondent's contentions.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Karan Singh vs Sajitha R.N regarding Rent Control dispute
Case Code Year
Case between Karan Singh vs Sajitha R.N regarding Rent Control dispute