Case Summary
Mary Philomina P.G. filed a petition for eviction against Harisree Trading Company due to non-payment of rent and failure to occupy the leased premises. The court found that the respondent did not present any evidence to counter the petitioner's claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Case Type
Eviction
Final Judgment
No
The court allowed the petition for eviction as the respondent failed to appear or present any defense against the claims of unpaid rent. Consequently, the petitioner was granted possession of the premises.
Why Plaintiff Won:
The court found the evidence presented by the petitioner to be clear and uncontradicted.
The court found the evidence presented by the petitioner to be clear and uncontradicted.
Losing Side's Weaknesses:
The court found the evidence presented by the petitioner to be clear and uncontradicted.
The court found the evidence presented by the petitioner to be clear and uncontradicted.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 to A3 established his case as pleaded by him. Its shows that the rent is in arrears as claimed by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(4)(v) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mary Philomina P.G.
- Party Age
- 60
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Harisree Trading Company
- Relation
- Represented by
Plaintiffs Documents
Copy of Lawyer’s notice dated 11.03.2025, Original of returned cover with the endorsement 'addressee left', Original of acknowledgment card dated 14.03.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.A. Shaji Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amal M.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riyan Augustine Shaji
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(4)(v) of the Act as follows:- The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 11.03.2025 sent to the respondent demanding payment of rent arrears.
Reference:
Ext.A1
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
Original of returned cover with the endorsement 'addressee left' containing the lawyer notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original of acknowledgment card dated 14.03.2025 signed by K.V. Rajan.
Reference:
Ext.A3
Case Classification
Case Type
Eviction
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 Philomina P.G. vs Harisree Trading Company regarding Eviction
Case Code Year
Case between Mary Philomina P.G. vs Harisree Trading Company regarding Eviction