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R.C.P. No. 12/2021

Case between Mr. Jose Abraham vs Smt. Beena regarding eviction from leasehold property

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SRI. REGHUNATH N.S.
Order Date
2024-02-20
Duration
approximately-4 years 9 months

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
The petition is allowed, directing Smt. Beena to vacate the leased premises due to non-payment of rent.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the leased premises
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court found evidence of default in rent payments and deterioration of the property due to non-use by the respondent.

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

Plaintiffs

Mr. Jose Abraham (56 years) Puthussery House, Nelliparambil Lane, Palarivattom P.O., Edappally Sourth Village, Ernakulam District, Kochi, Pin-682 025.

Defendants

Smt. Beena (37 years) Flat No.11B, DD Silver Stone, Vaduthala Padam Road, Vaduthala P.O., Cheranellore Village, Ernakulam District, Kochi-682 023.

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

Quick Facts

Location
Ernakulam
Case Filed
Tue, 08/20/2019 - 12:00
Outcome Confidence
80%

Involved Entities

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