Case Summary
Mr. Santhosh Kumar, the landlord, filed a petition against Mrs. Shijimol, the tenant, for non-payment of rent and violation of the rental agreement. The case revolves around arrears amounting to Rs. 2,70,000/- and the landlord's need for the property for personal residence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioner's request for possession of the property and ordered the respondent to vacate within 30 days. Additionally, the petitioner was awarded costs.
Why Plaintiff Won:
The petitioner's case was established through unrebutted testimony and evidence, demonstrating the need for the property and the tenant's failure to pay rent.
The petitioner's case was established through unrebutted testimony and evidence, demonstrating the need for the property and the tenant's failure to pay rent.
Losing Side's Weaknesses:
The petitioner's case was established through unrebutted testimony and evidence, demonstrating the need for the property and the tenant's failure to pay rent.
The petitioner's case was established through unrebutted testimony and evidence, demonstrating the need for the property and the tenant's failure to pay rent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established his case as pleaded by him. It shows that the rent is in arrears.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: 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. Santhosh Kumar
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Shijimol
- Party Age
- 36
- Relation
- W/o
Plaintiffs Documents
Original power of attorney dated 01.04.2021, Original rental agreement dated 07.04.2022, Copy of lawyer's notice dated 24.06.2024, Original acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sanel Cherian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Athira N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Roneo M. Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner 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/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
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:
The original power of attorney dated 01.04.2021 was presented to support the petitioner's claims.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
The original rental agreement dated 07.04.2022 was filed to establish the lease terms and rent amount.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
A copy of the lawyer's notice dated 24.06.2024 was presented to show that demands had been made for the overdue rent.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The original acknowledgment card was accepted to confirm receipt of communication related to the claim.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The Commission Report in IA 02/2024 was referenced for evidence pertaining to the case.
Reference:
Ext.C1
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. Santhosh Kumar vs Mrs. Shijimol regarding rent arrears and possession of property
Case Code Year
Case between Mr. Santhosh Kumar vs Mrs. Shijimol regarding rent arrears and possession of property
Case Flags
Arrest Involved