Case Summary
K.C.Mohankumar and Mini.M.A, a husband and wife, filed a petition against Molly @ Ambika seeking eviction from a property due to non-payment of rent. The petitioners require the property for their own residential purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The counter petitioner is directed to hand over the vacant possession of the petition schedule building immediately within 30 days.
Case Type
Rent Control Case
Final Judgment
No
The court allowed the petition for eviction against the respondent due to non-payment of rent, granting the petitioners possession of the property for their residential need.
Why Plaintiff Won:
The evidence provided by the petitioners regarding non-payment of rent was clear and unchallenged.
The evidence provided by the petitioners regarding non-payment of rent was clear and unchallenged.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the petitioner coupled with Ext. A6 series postal receipt and Ext.A7 series envelop containing non receipt of notice would substantiate the petitioner’s claim.
Judgment Evidence:
In the result, the petition is allowed as follows:- 1.The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.C.Mohankumar
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mini.M.A
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Molly @ Ambika
- Party Age
- 58
Plaintiffs Documents
Rent Deed dated 16-08-2021, Original Cheque dated 15-09-2023, Cheque dishonour memo dated 13-12-2023, Advocate Notice dated 10-01-2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Mohana Babu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bindu.B.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Counter petitioner is directed to hand over vacant possession of the petition schedule building.
Evidence:
The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction ordered for the bonafide need of the petitioners.
Evidence:
The counter petitioner is directed to hand over the vacant possession of petition schedule building within 30 days from this date for the bonafide need of the petitioners.
Relief Type:
Costs
Outcome:
Granted
Description:
Counter petitioner liable to pay the costs of the proceedings.
Evidence:
The counter petitioner is also liable to pay the costs of the proceedings.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Proves the lease agreement and terms of rent payment.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued by respondent towards arrears of rent, which was dishonoured.
Reference:
Ext.A2
Document Type:
Cheque Dishonour Memo
Submitted By:
Plaintiff
Relevance:
Confirms the dishonour of the cheque due to insufficient funds.
Reference:
Ext.A3
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to counter petitioner demanding payment and possession.
Reference:
Ext.A4
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
Provides evidence of the legal demand made to counter petitioner.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of sending the legal notice.
Reference:
Ext.A6 Series
Document Type:
Returned acknowledgment card and cover
Submitted By:
Plaintiff
Relevance:
Proof of non-receipt of notice by the counter petitioner.
Reference:
Ext.A7 Series
Case Classification
Case Type
Rent Control Case
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between K.C.Mohankumar et al vs Molly @ Ambika regarding eviction under Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between K.C.Mohankumar et al vs Molly @ Ambika regarding eviction under Kerala Building (Lease and Rent Control) Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour