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R.C.P. No. 63/2023

Case between K.S. Ali vs Bindhu regarding eviction and recovery of arrears of rent

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR.
Order Date
2024-07-08
Duration
approximately-2 years 6 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

K.S. Ali, the petitioner and landlord, seeks eviction of the respondent, Bindhu, for defaulting on rent payments since January 2023. Despite repeated demands, the respondent failed to pay the arrears and did not appear in court when summoned.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for eviction is allowed as the respondent failed to pay rent and did not contest the proceeding. The respondent is ordered to vacate the premises within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner's claim was uncontroverted and supported by evidence.

Judgment Evidence:

In the result: The petition is 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 building under Section 11(2)(b) of the Act within 30 days from today.

Parties Involved

Plaintiffs

K.S. Ali (65 years) Kanjirathinkkal House, Kalamasseery P.O., Thrikkakra North Village, Kannayannur Taluk, Ernakulam District

Defendants

Bindhu (Age not specified years) Palliparambil House, Karrippai Road, Rajagiri P.O., Thrikkakara North Village, Kannayannur Taluk, Ernakulam District

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner seeks eviction of the respondent from the property.
Evidence:
The petition is allowed u/S 11(2)(b) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Relief Type: Recovery
Outcome: Granted
Description:
The petitioner seeks recovery of arrears of rent.
Evidence:
The petition is allowed u/S 11(2)(b) of the Act.

Documents & Evidence

Document Type: Original rent agreement
Submitted By: Plaintiff
Relevance:
Establishes the terms of the lease between the petitioner and the respondent.
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proves that the petitioner is the owner of the petition schedule building.
Reference:
Ext.A2
Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Demonstrates that the petitioner attempted to notify the respondent about the rent arrears.
Reference:
Ext.A3
Document Type: Original Acknowledgement Card
Submitted By: Plaintiff
Relevance:
Serves as proof of receipt related to the lawyer's notice.
Reference:
Ext.A4

Quick Facts

Location
Ernakulam
Case Filed
Fri, 07/01/2022 - 12:00
Outcome Confidence
85%

Involved Entities

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