Case Summary
Mr. Santo Davis, the petitioner, is seeking eviction of M/S. ARIPPA RESTAURANT & RESTO BAR PRIVATE LIMITED due to unpaid rent. The respondent has failed to pay rent for several months and has not responded to notices from the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
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 petition for eviction was allowed, requiring the respondent to vacate the premises due to non-payment of rent.
Why Plaintiff Won:
The petitioner’s claim was established through unrebutted oral testimony and evidence.
The petitioner’s claim was established through unrebutted oral testimony and evidence.
Losing Side's Weaknesses:
The petitioner’s claim was established through unrebutted oral testimony and evidence.
The petitioner’s claim was established through unrebutted oral testimony and evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits A1 to A3 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/sec. 11(2)(b) Act with costs as follows:- 1.The respondents/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. Santo Davis
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/S. ARIPPA RESTAURANT & RESTO BAR PRIVATE LIMITED
- Party Age
- 38
- Relation
- Represented by
Plaintiffs Documents
Lawyer’s notice dated 16.07.2024, Postal receipt dated 18.07.2024, Postal cover with acknowledgment card returned unclaimed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joe Pollayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/sec. 11(2)(b) Act with costs.
Relief Type:
Cost Recovery
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:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice dated 16.07.2024 was sent to the respondent demanding vacant possession due to unpaid rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt dated 18.07.2024 shows that a registered notice was issued to the respondent.
Reference:
Ext.A2
Document Type:
Postal Cover with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
The postal cover with acknowledgment card returned with an endorsement 'unclaimed' was marked to show the notice sent was unclaimed.
Reference:
Ext.A3
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. Santo Davis vs M/S. ARIPPA RESTAURANT & RESTO BAR PRIVATE LIMITED regarding eviction due to rent arrears
Case Code Year
Case between Mr. Santo Davis vs M/S. ARIPPA RESTAURANT & RESTO BAR PRIVATE LIMITED regarding eviction due to rent arrears