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
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.
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
Plaintiffs
Kayamkulam Madrassthul Khidmathul Islami Hassaniya (Age not specified years)
HHYS Road, Kayamkulam, Alappuzha-690 502
Sri. H. Muhammed Abdul Athar Sait (75 years years)
Uppukoottil Bunglow Kayamkulam Taluk, Alappuzha District
Defendants
Mr. Jolly Mathew (Age not specified years)
Kottlangatt House, Jolly Bhavan, Pallipuram P.O., Pallippuram, Alappuzha-688 541
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: