Case Summary
Mary Johnson, the landlord, seeks to evict Shaheen T.P., the tenant, for non-payment of rent and recovery of arrears. The petition filed under the Kerala Buildings Lease & Rent Control Act cites the tenant's failure to vacate the premises despite repeated requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant and recovery of costs
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by Mary Johnson against Shaheen T.P. due to non-payment of rent. The respondent is ordered to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner complied with the legal requirements under the Kerala Buildings (Lease & Rent Control) Act.
The petitioner complied with the legal requirements under the Kerala Buildings (Lease & Rent Control) Act.
Losing Side's Weaknesses:
The petitioner complied with the legal requirements under the Kerala Buildings (Lease & Rent Control) Act.
The petitioner complied with the legal requirements under the Kerala Buildings (Lease & Rent Control) Act.
Supporting Evidence
The requirements mentioned in Section 11(2)(b) of the Act has been complied with by the petitioner. Further, the uncorroborated evidence of PW1 proves that he bonafide requires the shop room for the business of his son.
Judgment Evidence:
In the result, The petition is allowed u/S 11(2)(b) and 11(3) with costs. The respondent/tenant is directed to put the landlord/ petitioner in possession of the petition schedule building under Section 11(ii) and 11(3) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary Johnson
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shaheen T.P.
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Undelivered Lawyer's notice, Postal receipt, Electricity bill
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sabu Pullan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent from the premises.
Evidence:
In the result, The petition is allowed u/S 11(2)(b) and 11(3) with costs.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner sought recovery of arrears from November 2022 along with unpaid electricity charges.
Evidence:
Therefore, the petitioner seeks eviction of the respondent and recovery of arrears from November 2022 along with the unpaid electricity charges.
Documents & Evidence
Document Type:
Undelivered Lawyer's notice with sealed envelope and A/D card
Submitted By:
Plaintiff
Relevance:
The document was used to demonstrate that the respondent received lawyer notices that went undelivered.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The document was used to verify the sending of a lawyer notice.
Reference:
Ext.A2
Document Type:
Undelivered Lawyer's notice with sealed envelope and A/D card
Submitted By:
Plaintiff
Relevance:
The document was used to show another lawyer notice that was undelivered.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The document supports the claims made by the petitioner regarding the mailings.
Reference:
Ext.A4
Document Type:
Electricity bill (subject to proof)
Submitted By:
Plaintiff
Relevance:
The document was referenced to support claims of unpaid electricity charges.
Reference:
Ext.A5
Document Type:
Original Receipt for the Electricity bill
Submitted By:
Plaintiff
Relevance:
The document shows the payment made for the electricity bill in question.
Reference:
Ext.A6
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mary Johnson vs Shaheen T.P. regarding eviction and recovery of arrears
Case Code Year
Case between Mary Johnson vs Shaheen T.P. regarding eviction and recovery of arrears