Case Summary
Mrs. Usha Jyothish Kumar filed a petition against her tenant, Mrs. Bindhu Vimal, regarding non-payment of rent and seeking eviction from the leased property. The respondent has failed to pay rent since April 2022 and a court order against eviction is currently in place.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant and recovery of costs
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner proved non-payment of rent and the expiration of the tenancy period.
The petitioner proved non-payment of rent and the expiration of the tenancy period.
Judgment Evidence:
The petition is allowed with costs. The respondent/tenant is directed to put the petitioners/landlord in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Mrs. Usha Jyothish Kumar (59 years years)
Panchavady Veettil, Poykattusserry Kara, Nedumbasserry Village, Chengamand P.O., Aluva Taluk, Ernakulam District, Pin-683578
Defendants
Mrs. Bindhu Vimal (Age not specified years)
Arackal House, Thammanam P.O., Poonithura Village, Kanayannur Taluk, Ernakulam District, Pin-682 032
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent/tenant is directed to put the petitioners/landlord in possession of the petition schedule building.
Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to put the petitioners/landlord in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
True copy of plaint in O.S. No. 1265/2022 on the file of the Munsiff's Court, Ernakulam.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to the respondent seeking payment of arrears of rent and demand for vacant possession of the petition schedule building.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt showing that the lawyer notice was sent by post.
Reference:
Ext.A3
Document Type:
Unclaimed postal envelope
Submitted By:
Plaintiff
Relevance:
Returned envelope indicating that the lawyer notice was unclaimed by the respondent.
Reference:
Ext.A4