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R.C.P. No. 133/2024

Case between Mr. N.M.Sukumaran et al vs Vishnu P.V. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2025-07-16
Duration
approximately-1 year 7 months

Judgement document from eCourt website

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Case Summary

The petitioners, Mr. N.M.Sukumaran and Mrs. Vanaja Sukumaran, seek eviction of the respondent, Vishnu P.V., for non-payment of rent and arrears under a licensing agreement. Despite issuing a notice, the respondent failed to appear or respond to the allegations.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition and ordered the respondent to vacate the premises within 30 days. Costs were also awarded to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises and costs awarded to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners successfully established their claim with unrebutted testimony and submitted evidence of non-payment.

Judgment Evidence:

In the result, the petition is allowed u/sec. 11(2)(b) Act with costs as follows:- 1.The respondents/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Plaintiffs

Mr. N.M.Sukumaran (70 years years) Ambadi, 44/366, Eroor West P.O, Tripunithura, Ernakulam-682306 Mrs. Vanaja Sukumaran (65 years years) Ambadi, 44/366, Eroor West P.O, Tripunithura, Ernakulam-682306

Defendants

Vishnu P.V. (35 years years) Kidangoor P.O, Thuravoor, Ernakulam-683572

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of the respondent from the premises due to non-payment of rent.
Evidence:
The petition is allowed u/sec. 11(2)(b) Act with costs as follows:- The respondents/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type: Costs
Outcome: Granted
Description:
Entitlement of the petitioners to recover costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.

Documents & Evidence

Document Type: Licence Deed
Submitted By: Plaintiff
Relevance:
Establishes the license agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Documents the demand for rent arrears and balance security deposit.
Reference:
Ext.A2
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the respondent.
Reference:
Ext.A3
Document Type: Cheque
Submitted By: Plaintiff
Relevance:
The bounced cheque issued by the respondent for the security deposit.
Reference:
Ext.A4
Document Type: Cheque Return Memo
Submitted By: Plaintiff
Relevance:
Documents the return of the bounced cheque due to insufficient funds.
Reference:
Ext.A5

Quick Facts

Location
Ernakulam
Case Filed
Fri, 01/05/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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