Case Summary
The petitioner, Mrs. Anu Mariam Kuruvilla, is seeking eviction of the respondent, Mrs. Anaswara Nishad, from a residential property due to non-payment of rent. The petitioner requires the property for her own personal occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlady/petitioner in possession of the petition schedule building within 30 days.
Case Type
Eviction Petition
Final Judgment
No
The court has allowed the petition for eviction, granting the petitioner possession of the apartment within 30 days. The petitioner will also receive costs from the respondent.
Why Plaintiff Won:
The petitioner's evidence of rent arrears and personal necessity was accepted without rebuttal.
The petitioner's evidence of rent arrears and personal necessity was accepted without rebuttal.
Losing Side's Weaknesses:
The petitioner's evidence of rent arrears and personal necessity was accepted without rebuttal.
The petitioner's evidence of rent arrears and personal necessity was accepted without rebuttal.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A3 established her case as pleaded by her. It shows that the rent is in arrears as claimed by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Anu Mariam Kuruvilla
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mrs. Anaswara Nishad
- Party Age
- 32
- Relation
- D/o
Plaintiffs Documents
Original Agreement dated 15.12.2023, Copy of Lawyer’s notice dated 14.10.2024, Original acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.M. Joshi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Siji K. Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Bonny Baby
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- C. Gokulkrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sruthi Sunil Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anushka Vijayakumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner was granted eviction from the premises occupied by the respondent.
Evidence:
The respondent/tenant is directed to put the landlady/petitioner in possession of the petition schedule building under Section 11(2)(b) and 11(3) of the Act 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:
Original agreement
Submitted By:
Plaintiff
Relevance:
The original agreement dated 15.12.2023 was used to establish the tenancy and the terms of the lease.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
The copy of the lawyer's notice dated 14.10.2024 was used to demonstrate the demand for arrears and request for vacating the premises.
Reference:
Ext.A2
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
The original acknowledgment card was accepted as evidence to support the petitioner's claims.
Reference:
Ext.A3
Case Classification
Case Type
Eviction 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 Mrs. Anu Mariam Kuruvilla vs Mrs. Anaswara Nishad regarding eviction.
Case Code Year
Case between Mrs. Anu Mariam Kuruvilla vs Mrs. Anaswara Nishad regarding eviction.