Case Summary
Lela G @ Lela Harilal, the petitioner, seeks eviction of the counter petitioner S.Venugopal from a leased shop room due to non-payment of rent. The court found that the petitioner had met statutory requirements, and the counter petitioner did not respond to the summons.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition scheduled building
Case Type
Eviction Petition
Final Judgment
No
The court ordered the counter petitioner to vacate the shop room and pay costs of the proceedings to the petitioner.
Why Plaintiff Won:
The petitioner proved that the counter petitioner defaulted on rent payments and failed to contest the case.
The petitioner proved that the counter petitioner defaulted on rent payments and failed to contest the case.
Losing Side's Weaknesses:
The petitioner proved that the counter petitioner defaulted on rent payments and failed to contest the case.
The petitioner proved that the counter petitioner defaulted on rent payments and failed to contest the case.
Supporting Evidence
By producing Exts. A1 to A4 and by deposing in tune with the petition averments in the affidavit, the petitioner has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the petitioner.
Judgment Evidence:
In the result, the respondent is directed to vacate the petition scheduled building and handover vacant possession of the same to the petitioner under Section 11 (2) (b) and 11(3) of Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Lela G @ Lela Harilal
- Relation
- W/o.Dr.Harilal (Late)
- Party Role
- Defendant
- Party Name
- S.Venugopal
- Relation
- S/o.M.Sreedharan Pillai
Plaintiffs Documents
Rent agreement dated 16/02/2021, Office copy of Advocate Notice dated 19/07/2024, Postal receipt dated 22/07/2024, Acknowledgment card dated 24/07/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benoy Bal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the respondent from the shop room.
Evidence:
Hence, the respondent is directed to vacate the petition scheduled building and handover vacant possession of the same to the petitioner under Section 11 (2) (b) and 11(3) of Kerala Building (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proves the rental agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Demands the respondent to clear the rent arrears and to vacate the scheduled shop room.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the mailing of the advocate notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the advocate notice by the respondent.
Reference:
Ext.A4
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Lela G @ Lela Harilal vs S.Venugopal regarding eviction
Case Code Year
Case between Lela G @ Lela Harilal vs S.Venugopal regarding eviction