Case Summary
Mr. Parvez Zain, the petitioner and landlord, seeks eviction and recovery of dues from Mrs. Vincy Babu, the respondent and tenant, who failed to pay rent despite repeated demands. The lease expired, and the respondent continues to occupy the premises without clearing the arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Tenant directed to vacate the premises within 30 days and pay costs
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the tenant to vacate the premises within 30 days. The petitioner is entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioner provided unrebutted evidence of rent arrears and bona fide need for the property.
The petitioner provided unrebutted evidence of rent arrears and bona fide need for the property.
Losing Side's Weaknesses:
The petitioner provided unrebutted evidence of rent arrears and bona fide need for the property.
The petitioner provided unrebutted evidence of rent arrears and bona fide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A4 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) of the Act with costs as follows:- 1.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.Parvez Zain
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Vincy Babu
- Party Age
- 37
- Relation
- W/o
Plaintiffs Documents
Original power of attorney dated 01.07.2023, Original rent agreement dated 01.07.2022, Copy of lawyer notice dated 11.07.2023, Original returned postal cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joseph Shylan T.M.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aynosh Michel P.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rahib K.Y.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sikha G. Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the tenant to put the landlord in possession of the petition schedule building.
Evidence:
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 petitioner is entitled to get the 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:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney dated 01.07.2023 establishing the petitioner's authority.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Original rent agreement dated 01.07.2022 outlining the terms of the lease.
Reference:
Ext.A2
Document Type:
Lawyers notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer's notice dated 11.07.2023 demanding payment and vacate.
Reference:
Ext.A3
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Original returned postal cover along with notice from the respondent.
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
Case Code
Case between Mr. Parvez Zain vs Mrs. Vincy Babu regarding eviction and recovery of rent
Case Code Year
Case between Mr. Parvez Zain vs Mrs. Vincy Babu regarding eviction and recovery of rent