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
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
Why Plaintiff Won:
The petitioners established their case through unrebutted testimony and evidence of overdue rent and bonafide need.
The petitioners established their case through unrebutted testimony and evidence of overdue rent and bonafide need.
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
Plaintiffs
Mr. Renji Cherian (54 years)
Changarampally River View House, Punalloor, Nellippalli, Pathanapuram, Pin-691305
Ceema Renji Cherian (48 years)
Changarampally River View House, Punalloor, Nellippalli, Pathanapuram, Pin-691305
Defendants
Mr. Mohammed Saheer Sirajudeen (Age not specified years)
Villa No.81, VI/29D17 of Palm Villa, Kent Constructions, Thengodu, Kakkanadu, Ernakulam, Pin-682030
Mrs. Negia Mohammed (Age not specified years)
Villa No.81, VI/29D17 of Palm Villa, Kent Constructions, Thengodu, Kakkanadu, Ernakulam, Pin-682030
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