Case Summary
The petitioners are the owners of a commercial building who seek possession due to unpaid rent and sub-letting by the respondents. The respondents, who are tenants, contest the claim but have failed to provide adequate evidence to support their position.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building granted to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for possession of the building due to the respondents' default in rent payments and the necessity of the petitioners for business purposes. The respondents were directed to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners established a clear case of arrears of rent and bona fide requirement.
The petitioners established a clear case of arrears of rent and bona fide requirement.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimonies of PW1 and Exts. A1 to A5 and PW2 and Ext. C1 and C2 series established petitioners case as pleaded by them.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(i) 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Elizabeth Reggive
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mr. Issac George Mathew
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr. Paul Thekkekara
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vinodh P.V.
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Videep P.V.
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mohammed Shabeer
Plaintiffs Documents
Lawyer's notice dated 08.02.2022, Postal receipts (3 in Nos) dated 09.02.2022, Returned envelopes of respondent No. 1, 2, and 3 dated 10.02.2022.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajay Krishnan S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese Annie
- 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.
Evidence:
The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(i) of the Act with costs.
Relief Type:
Other
Outcome:
Granted
Description:
The order passed u/S 11(2)(b) shall be subject to the provisions u/S 11(2)(c) of the Act.
Evidence:
The order passed u/S 11(2)(b) shall be subject to the provisions u/S 11(2)(c) of the Act.
Relief Type:
Other
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:
This document was the initial notice sent to the respondents regarding the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts served as proof of sending the lawyer's notice.
Reference:
Ext.A2
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
This document is the returned envelope from respondent No. 1, indicating that the notice could not be delivered.
Reference:
Ext.A3
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
This document is the returned envelope from respondent No. 2, indicating that the notice could not be delivered.
Reference:
Ext.A4
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
This document is the returned envelope from respondent No. 3, indicating that the notice could not be delivered.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provided evidence regarding the inspection of the petition schedule building.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
These photographs were part of the evidence from the commission report.
Reference:
Ext.C2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Witness testimonies from the petitioner were used to support the case.
Reference:
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 Mrs. Elizabeth Reggive et al vs Vinodh P.V. et al regarding Rent Control Petition
Case Code Year
Case between Mrs. Elizabeth Reggive et al vs Vinodh P.V. et al regarding Rent Control Petition