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R.C.P. No. 194/2024

Case between Mr. K.A. Mohamed Saleem vs Mrs. Misiriya Parakkal regarding eviction from rented property

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR.
Order Date
2025-03-21
Duration
approximately-2 years 7 months

Judgement document from eCourt website

Open judgment PDF (eCourt)
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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

Plaintiff Won
Interim Order
The court allowed the petition, ordering the respondent to vacate the rented apartment within 30 days and to pay the costs of the petition.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the premises
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner provided sufficient evidence supporting his claim for eviction, including proof of rent arrears and the need for the property.

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

Plaintiffs

Mr. K.A. Mohamed Saleem (66 years years) 12/204B, Pappali Road, Vazhakkala, Kakkanad P.O., Kochi-682030

Defendants

Mrs. Misiriya Parakkal (34 years years) Apartment ID, Asset North Star, Edappally, Kochi-682024

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

Quick Facts

Location
Ernakulam
Case Filed
Mon, 01/01/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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