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
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.
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
Plaintiffs
Mrs. Elizabeth Reggive (66 years)
Thekkekara, Puthenpurayil House, Ayyampilly P.O., Kuzhupilly, Kochi 682501
Mr. Issac George Mathew (40 years)
Thekkekara, Puthenpurayil House, Ayyampilly P.O., Kuzhupilly, Kochi 682501
Mr. Paul Thekkekara (35 years)
Thekkekara, Puthenpurayil House, Ayyampilly P.O., Kuzhupilly, Kochi 682501
Defendants
Vinodh P.V. (50 years)
Ponnarassery House, C.C. 39/3058, Palliyil Lane, Ernakulam, PIN-602016
Videep P.V. (Age not specified years)
Ponnarassery House, C.C. 39/3058, Palliyil Lane, Ernakulam, PIN 692016
Mohammed Shabeer (Age not specified years)
"Webster's Building", M.G. Road, Kochi-35
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: