Case Summary
Maryamma Augustine filed a petition for eviction against Dhani Loans and Services Limited for defaulting on rent payments. The petitioner seeks to regain possession of the rented property located in Edappally.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building.
Case Type
Eviction Petition
Final Judgment
No
The petition for eviction was allowed as the respondent failed to appear in court and pay the arrears. The petitioner is entitled to regain possession of the property.
Why Plaintiff Won:
The petitioner proved default in rent payments and the cessation of occupation of the property by the respondent.
The petitioner proved default in rent payments and the cessation of occupation of the property by the respondent.
Losing Side's Weaknesses:
The petitioner proved default in rent payments and the cessation of occupation of the property by the respondent.
The petitioner proved default in rent payments and the cessation of occupation of the property by the respondent.
Supporting Evidence
It is evident that the respondent has committed default in paying the arrears of rent and also ceased to occupy the petition schedule building continuously for a period of 6 months.
Judgment Evidence:
The petition is allowed. The respondent is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Maryamma Augustine
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dhani Loans and Services Limited
Plaintiffs Documents
Office copy of Lawyer Notice, Postal acknowledgment.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Biju Martin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N. Manmadan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building.
Evidence:
The petition is allowed. The respondent is directed to put the landlord / petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is again directed to put the landlord in possession of the petition schedule building.
Evidence:
The respondent is directed to put the landlord / petitioner in possession of the petition schedule building under Section 11(4)(v) of the Act.
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 Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the respondent demanding payment of arrears and surrender of the property.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt of the lawyer notice by the respondent.
Reference:
Ext.A2
Case Classification
Case Type
Eviction 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 Maryamma Augustine vs Dhani Loans and Services Limited regarding eviction
Case Code Year
Case between Maryamma Augustine vs Dhani Loans and Services Limited regarding eviction