Case Summary
Mrs. Sanuber, the landlord, filed a petition against Mr. Deepak P.P., the tenant, for eviction due to non-payment of rent and lack of proper lease renewal. The tenant continued to occupy the property after the lease expired and accrued significant rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from the date of the order.
Case Type
Eviction Petition
Final Judgment
No
The court allowed the petition for eviction due to the tenant's failure to pay rent and follow lease renewal protocols. The tenant was ordered to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner provided sufficient evidence of unpaid rent and the tenant's failure to renew the lease.
The petitioner provided sufficient evidence of unpaid rent and the tenant's failure to renew the lease.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of unpaid rent and the tenant's failure to renew the lease.
The petitioner provided sufficient evidence of unpaid rent and the tenant's failure to renew the lease.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. 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/s 11(2)(b) and 11(4)(ii) 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. Sanuber
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mr. Deepak P.P.
- Party Age
- 35
Plaintiffs Documents
Copy of Lawyer's notice dated 03.10.2024, Postal receipts, Returned notices with cover and acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.S. Mohamed Usman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.Priya Devi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ashna T. Ashik
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arshad Ameen N.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(4)(ii) 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.
Relief Type:
Cost
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:
Filed as evidence to demonstrate the notice given to the respondent regarding rental arrears.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Supports the claim by providing proof of sending notices to the respondent.
Reference:
Ext.A2
Document Type:
Returned Notices
Submitted By:
Plaintiff
Relevance:
Indicates that the notices sent to the respondent were returned unclaimed.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Intended to establish the terms of the lease but was rejected for lack of proper foundation for secondary evidence.
Reference:
Ext.A5
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. Sanuber vs Mr. Deepak P.P. regarding eviction and rent arrears
Case Code Year
Case between Mrs. Sanuber vs Mr. Deepak P.P. regarding eviction and rent arrears