Case Summary
The petitioner, Mr. K.A. Mohamed Saleem, is seeking eviction of the respondent, Mrs. Misiriya Parakkal, from a rented apartment due to non-payment of rent and the need for the property for his son's residential use. The court proceedings continued after the respondent failed to appear, and the petitioner provided evidence of rent arrears and property damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the premises
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, ordering the respondent to vacate the rented apartment within 30 days and to pay the costs of the petition.
Why Plaintiff Won:
The petitioner provided sufficient evidence supporting his claim for eviction, including proof of rent arrears and the need for the property.
The petitioner provided sufficient evidence supporting his claim for eviction, including proof of rent arrears and the need for the property.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence supporting his claim for eviction, including proof of rent arrears and the need for the property.
The petitioner provided sufficient evidence supporting his claim for eviction, including proof of rent arrears and the need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A4 series established his case as pleaded by him. It shows that the rent is in arrears. The bonafide need was also projected by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(iv) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. K.A. Mohamed Saleem
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Misiriya Parakkal
- Party Age
- 34
- Relation
- W/o
Plaintiffs Documents
Original rent agreement dated 03.02.2023, Copy of lawyer's notice dated 25.09.2024, Original postal receipt, Original returned unclaimed notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Peeyus A. Kottam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Issac Alexander
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anto George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(iv) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Established the rental agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Provided evidence of the notice issued to the respondent regarding eviction.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of the notice sent to the respondent.
Reference:
Ext.A3
Document Type:
Original returned unclaimed notice along with its acknowledgment
Submitted By:
Plaintiff
Relevance:
Demonstrated the respondent's failure to claim the legal notice.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Failure to vacate premises
Case Code
Case between Mr. K.A. Mohamed Saleem vs Mrs. Misiriya Parakkal regarding eviction from rented property
Case Code Year
Case between Mr. K.A. Mohamed Saleem vs Mrs. Misiriya Parakkal regarding eviction from rented property