Case Summary
Mr. Jose Abraham filed a petition seeking eviction of Smt. Beena for failing to pay rent and maintain the leased property. The court found that Smt. Beena defaulted on her rental obligations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the leased premises
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing Smt. Beena to vacate the leased premises due to non-payment of rent.
Why Plaintiff Won:
The court found evidence of default in rent payments and deterioration of the property due to non-use by the respondent.
The court found evidence of default in rent payments and deterioration of the property due to non-use by the respondent.
Losing Side's Weaknesses:
The court found evidence of default in rent payments and deterioration of the property due to non-use by the respondent.
The court found evidence of default in rent payments and deterioration of the property due to non-use by the respondent.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and Ext. A1, it is evident that the respondent took the petition schedule building on rent for the purpose of running a hostel in the petition schedule building. By virtue of Ext. A1, it is evident that the lease period was fixed for a period of 5 years.
Judgment Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to give vacant possession of the petition schedule building to the landlord/petitioner under Section 11(ii)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Jose Abraham
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. Beena
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Lease Deed dated 20.08.2019, Lawyer notice dated 21.11.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sunil N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neethu Lishba
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riya Jacob
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is granted an order of eviction against the respondent to vacate the petition schedule building.
Evidence:
In these circumstances, the petitioner is entitled to get an order of eviction under Section 11(2)(b) of the Act against the respondent.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to recover 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:
Lease Deed
Submitted By:
Plaintiff
Relevance:
This document evidences the lease agreement entered into by the petitioner and the respondent for the use of the petition schedule building for running a hostel.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondent demanding payment of rent arrears and vacating the premises.
Reference:
Ext.A2
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This document shows that the respondent received the notice from the petitioner.
Reference:
Ext.A3
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. Jose Abraham vs Smt. Beena regarding eviction from leasehold property
Case Code Year
Case between Mr. Jose Abraham vs Smt. Beena regarding eviction from leasehold property