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
The petition for eviction was allowed, directing the respondent to vacate the premises within 30 days. The petitioner is also entitled to recover costs.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
It is evident that the respondent has failed to pay the monthly rent as agreed upon, till date. Upon perusing the unchallenged oral testimony of PW1 and Ext. A1 to A4, it is evident that the respondent has failed to pay the monthly rent as agreed upon, till date.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Usha Jyothish Kumar
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mrs. Bindhu Vimal
- Relation
- W/o
Plaintiffs Documents
True copy of plaint in O.S. No. 1265/2022, Office copy of lawyer notice dated 04.02.2023, Postal receipt for lawyer notice, Unclaimed postal envelope.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jijo Thomas
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aneesh James
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.D. Beena
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- John Pax Ignatius
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Hanniya Rose Paulson
- Appearance Type
- Assisting Counsel
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
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. Usha Jyothish Kumar vs Mrs. Bindhu Vimal regarding eviction from leased property
Case Code Year
Case between Mrs. Usha Jyothish Kumar vs Mrs. Bindhu Vimal regarding eviction from leased property