Case Summary
Mr. Francis Jacob, the petitioner, is seeking rental arrears from Sri. Jackson V.P., the respondent, who defaulted on rent payments. The petitioner claims that the respondent owes him a total of Rs. 1,87,000/- in rent arrears along with interest.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent to vacate the rental property within 30 days and pay costs.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the premises and hand over possession to the petitioner within 30 days. Additionally, the petitioner is entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioner's claims were uncontroverted as the respondent failed to present any objections.
The petitioner's claims were uncontroverted as the respondent failed to present any objections.
Losing Side's Weaknesses:
The petitioner's claims were uncontroverted as the respondent failed to present any objections.
The petitioner's claims were uncontroverted as the respondent failed to present any objections.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1(a) to A5 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted and the petitioner is entitled to the relief as prayed for.
Judgment Evidence:
In the result: The petition is allowed u/s 11(2)(b) of the Act as follows: 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Francis Jacob
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Jackson V.P.
- Party Age
- 57
- Relation
- s/o
Plaintiffs Documents
Original of the lease agreement, Original of the property tax receipt, Copy of lawyer's notice, Original postal receipts, Original A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Rajesh Cherian Kaippaparambil
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jiji Nikhil
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vinu Chand
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Relief Type:
Other
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:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Original of the lease agreement dated 26.03.2019 was tendered in evidence.
Reference:
Ext.A1(a)
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original of the property tax receipt dated 01.07.2022 was tendered in evidence.
Reference:
Ext.A2(a)
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 10.01.2023 was marked.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Original postal receipt dated 10.01.2023 was marked.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Original A/D card evidencing receipt of notice by respondent on 11.01.2023 was marked.
Reference:
Ext.A5
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 Mr. Francis Jacob vs Sri. Jackson V.P. regarding rent arrears
Case Code Year
Case between Mr. Francis Jacob vs Sri. Jackson V.P. regarding rent arrears