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RC(OP).No. 29/2024

Case between K.C.Mohankumar et al vs Molly @ Ambika regarding eviction under Kerala Building (Lease and Rent Control) Act

Court
COURT OF THE RENT CONTROLLER, KOLLAM
Judge
Smt. Ragi.S.
Order Date
2025-05-30
Duration
approximately-2 years 9 months
Case Closed
Fri, 05/30/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Kollam
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Case Filed
Thu, 01/11/2024 - 12:00
Case Closed
Fri, 05/30/2025 - 12:00
From
Thu, 05/01/2025 - 12:00
To
Mon, 06/30/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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