Case Summary
Mr Biju Augustine, the petitioner, is seeking possession of rental property from Mrs Nawfiya J.N, the respondent, due to non-payment of rent and other dues. The respondent has failed to vacate the premises despite a notice and significant arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate property and pay costs.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Evidence of arrears and lack of response from the respondent supported the petitioner's claim.
Evidence of arrears and lack of response from the respondent supported the petitioner's claim.
Judgment Evidence:
In the result: The petition is allowed u/s 11(2)(b) of the Act as follows: 1.The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Mr Biju Augustine (51 years years)
House No. 33/1704 P (46/2797New), 'Biju Nivas', Vennala P.O, Kochi Pin 682028
Defendants
Mrs Nawfiya J.N (Age not specified years)
C/o P.A Ashkar, 5/289, Kochuparambu, Mattancherry, Ernakulam, Kochi 682002
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act as follows: The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to realize costs of the suit from the respondent.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement dated 10.12.2021 marked subject to proof. But since no foundation for secondary evidence was laid on, it was rejected.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 09.04.2024 marked in support of the case.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Original postal receipts (2 nos) marked in evidence.
Reference:
Ext.A3
Document Type:
Unclaimed Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Original unclaimed lawyer's notice by the respondent admitted and marked in evidence.
Reference:
Ext.A4