Case Summary
The petitioners, represented by Sri. H. Muhammed Abdul Athar Sait, are seeking eviction of the respondent, Mr. Jolly Mathew, for defaulting on rent payments for leased buildings. The respondent did not appear in court to contest the claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate the leased buildings
Case Type
Rent Control Petition
Final Judgment
No
The court directed the respondent to vacate the leased buildings and hand over possession to the petitioners within 30 days. The petition was allowed based on the respondent's failure to contest the claims.
Why Plaintiff Won:
The petitioner's claims were supported by uncontroverted evidence and the respondent did not contest the proceedings.
The petitioner's claims were supported by uncontroverted evidence and the respondent did not contest the proceedings.
Losing Side's Weaknesses:
The petitioner's claims were supported by uncontroverted evidence and the respondent did not contest the proceedings.
The petitioner's claims were supported by uncontroverted evidence and the respondent did not contest the proceedings.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 series established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted and the petitioner is entitled to the relief as prayed for.
Judgment Evidence:
In the result: RCP 37/2023 and RCP 38/2023 are allowed u/S 11(2)(b) of the Act as follows: 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule buildings in RCP 37/2023 as well as in RCP 38/2023 under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kayamkulam Madrassthul Khidmathul Islami Hassaniya
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- Sri. H. Muhammed Abdul Athar Sait
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Jolly Mathew
- Relation
- S/o
Plaintiffs Documents
Original authorization letter dated 13.06.2024, Office copy of lawyer's notice dated 16.02.2023, Original Acknowledgement card, Postal receipt (3 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Shafeek
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Joseph George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.A. Azeez Mushtaque
- 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 buildings.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule buildings in RCP 37/2023 as well as in RCP 38/2023 under Section 11(2)(b) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Original authorization letter
Submitted By:
Plaintiff
Relevance:
This document was issued in favour of PW1 by the petitioner institution to adduce evidence in RCP Nos. 37/2023 and 38/2023.
Reference:
Ext.A1
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the respondent with respect to the petition schedule properties in both the rent control petitions.
Reference:
Ext.A2
Document Type:
Original Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the notification sent to the respondent.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
These receipts were sent to the residential address as well as the addresses where the respondent is conducting businesses.
Reference:
Ext.A4 series
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The unrebutted oral testimony of PW1 established the petitioner's case.
Reference:
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 Kayamkulam Madrassthul Khidmathul Islami Hassaniya vs Mr. Jolly Mathew regarding rent arrears
Case Code Year
Case between Kayamkulam Madrassthul Khidmathul Islami Hassaniya vs Mr. Jolly Mathew regarding rent arrears