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
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.
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
Plaintiffs
Mr.Parvez Zain (44 years)
Saabil House, Elamakkara, Elamakkara P.O., PIN-682026, Edappally South Village, Kanayannoor Taluk
Defendants
Mrs. Vincy Babu (37 years)
Thappalodath House, House No. 71/1232, Thanickal Lane, Elamakkara Elamakkara P.O., PIN- 682 026 Edappally South Village, Kanayannoor Taluk Ernakulam District
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