Case Summary
Landlord petitioned to evict tenant for default in rent payment, property damage, engaging in unlawful activities, and abandonment of premises. Tenant failed to appear, leading to ex parte judgment in favor of petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Petition filed under Kerala Buildings (Lease and Rent Control) Act, 1965
Final Judgment
No
Petitioner granted possession of the property with costs against the tenant.
Why Plaintiff Won:
The petitioner provided evidence of rent arrears, property damage, and breach of rental agreement which remained uncontroverted.
The petitioner provided evidence of rent arrears, property damage, and breach of rental agreement which remained uncontroverted.
Losing Side's Weaknesses:
The petitioner provided evidence of rent arrears, property damage, and breach of rental agreement which remained uncontroverted.
The petitioner provided evidence of rent arrears, property damage, and breach of rental agreement which remained uncontroverted.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.P. Somashekaran Pillai
- Party Role
- Defendant
- Party Name
- Sajikumar.S.
Plaintiffs Documents
Copy of the rent agreement, Copy of Lawyer's notice, Postal receipt
Defendants Documents
Advocates
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Tenant to put the landlord in possession of the building within 30 days
Evidence:
The petition is allowed u/s 11(2)(b), 11(3), 11(4)(i), 11(4)(ii) and and 11(4)(v) of the Act
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner entitled to 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:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of the rent agreement dated 01.10.2022, marked subject to proof
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 16.03.2023
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt
Reference:
Document Type:
Commercial Report
Submitted By:
Court
Relevance:
Commission report in IA 02/2022 by Adv.Tinu Treasa M.G.
Reference:
Ext.C1
Case Classification
Case Type
Petition filed under Kerala Buildings (Lease and Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between M.P. Somashekaran Pillai vs Sajikumar.S. regarding landlord-tenant dispute
Case Code Year
Case between M.P. Somashekaran Pillai vs Sajikumar.S. regarding landlord-tenant dispute