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R.C.P. No.173/2023

Case between Mr. Renji Cherian et al vs Mr. Mohammed Saheer Sirajudeen et al regarding eviction from rented property.

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-02-24
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, Mr. Renji Cherian and Ceema Renji Cherian, are seeking eviction of the respondents, Mr. Mohammed Saheer Sirajudeen and Mrs. Negia Mohammed, for non-payment of rent. The petitioners claim overdue rent and a genuine need for the premises.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction on the grounds of arrears of rent and genuine need for the premises by the petitioners. The respondents were ordered to vacate the property.
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction on the grounds of arrears of rent and genuine need for the premises by the petitioners. The respondents were ordered to vacate the property.
Why Plaintiff Won:
The petitioners established their case through unrebutted testimony and evidence of overdue rent and bonafide need.
Losing Side's Weaknesses:
The petitioners established their case through unrebutted testimony and evidence of overdue rent and bonafide need.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A11 established their case as pleaded by them. It shows that the rent is in arrears. The bonafide need was also projected by the petitioners.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: 1. The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mr. Renji Cherian
Party Age
54
Relation
S/o
Party Role
Plaintiff
Party Name
Ceema Renji Cherian
Party Age
48
Relation
W/o
Party Role
Defendant
Party Name
Mr. Mohammed Saheer Sirajudeen
Party Role
Defendant
Party Name
Mrs. Negia Mohammed
Plaintiffs Documents
Original power of attorney, Original rental agreement, Whatsapp messages.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Abraham John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sreeja T.V
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days.
Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: 1. The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Relief Type: Costs
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: Power of Attorney
Submitted By: Plaintiff
Relevance:
The original Power of Attorney dated 29.07.2015 was submitted to establish the petitioners' ownership.
Reference:
Ext.A1
Document Type: Rental Agreement
Submitted By: Plaintiff
Relevance:
The original rental agreement dated 04.01.2022 was provided to prove the rental arrangement.
Reference:
Ext.A2
Document Type: Whatsapp Message
Submitted By: Plaintiff
Relevance:
Multiple Whatsapp messages were used to support the petitioners' claims regarding communication with the respondents.
Reference:
Ext.A3 to A7
Document Type: Office Copy of Notice
Submitted By: Plaintiff
Relevance:
The office copy of the notice to the 1st respondent dated 07.11.2023 was submitted to show the demand for payment.
Reference:
Ext.A8
Document Type: Returned notice
Submitted By: Plaintiff
Relevance:
The returned notice addressed to the 1st respondent was marked to demonstrate failed communication.
Reference:
Ext.A9
Document Type: Office Copy of Lawyer's Notice
Submitted By: Plaintiff
Relevance:
The office copy of lawyer's notice to the 2nd respondent dated 24.11.2023 was submitted to show further demand for payment.
Reference:
Ext.A10
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
The acknowledgment card for receipt of notice by the 2nd respondent dated 25.11.2023 was used to confirm communication.
Reference:
Ext.A11

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mr. Renji Cherian et al vs Mr. Mohammed Saheer Sirajudeen et al regarding eviction from rented property.
Case Code Year
Case between Mr. Renji Cherian et al vs Mr. Mohammed Saheer Sirajudeen et al regarding eviction from rented property.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Tue, 12/07/2021 - 12:00
Case Closed
From
Sat, 02/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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