Case Summary
The petitioners, Ms. Rosamma John and Mr. T.M. John, are seeking eviction of their tenant, Divya C.S, from their property for personal use due to health reasons and missed rent payments. The tenant disputes the claims and argues that she has maintained her tenancy and the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court found the petitioners' claim to be uncontroverted.
The court found the petitioners' claim to be uncontroverted.
Judgment Evidence:
In the result, the petition is allowed u/sec. 11(2)(b) and 11(3) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Ms. Rosamma John (72 years years)
Thayyil House, Mylapra Town P.O, Kozhanchery, Pathanamthitta-689 678
Mr. T.M. John (81 years years)
Thayyil House, Mylapra Town P.O, Kozhanchery, Pathanamthitta-689 678
Defendants
Divya C.S (Age not specified years)
39/208, Friend's Nagar, Near Model Engineering College, Kanayannur Taluk, Vazhakkala Village, Thrikkakkara P.O, Ernakulam-682021
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to costs of the petition.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Documents related to the tenancy agreement between the petitioners and the respondent.
Reference:
Ext.A1, Ext.A2, Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
An original acknowledgment card tendered in evidence to confirm communication with the respondent.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A legal notice sent to the respondent regarding the payment of arrears and eviction.
Reference:
Ext.A5