Case Summary
The petitioner, Muraleedharan M.K., seeks possession of a rented property from the respondent, Baby Paily, due to non-payment of rent and the building being unoccupied. The court examined the claims based on the evidence provided by the petitioner.
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.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for possession of the rented building based on the evidence of non-payment of rent and the petitioner's genuine need for the property.
Why Plaintiff Won:
The unrebutted oral testimony and submitted evidence established the petitioner's genuine need for the property.
The unrebutted oral testimony and submitted evidence established the petitioner's genuine need for the property.
Losing Side's Weaknesses:
The unrebutted oral testimony and submitted evidence established the petitioner's genuine need for the property.
The unrebutted oral testimony and submitted evidence established the petitioner's genuine need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A4 established his case as pleaded by him. The bonafide need was projected by the petitioner.
Judgment Evidence:
The petition is allowed u/s 11(3) of the Act 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
- Muraleedharan M.K.
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Baby Paily
- Relation
- W/o
Plaintiffs Documents
Original rent agreement dated 11.02.2009, Original notice dated 23.01.2021.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Varghese C. Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Susanth shaji
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ranimol M.T.
- Appearance Type
- Assisting Counsel
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(3) of the Act 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:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to realize costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realize costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This document established the rental terms between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Original notice
Submitted By:
Plaintiff
Relevance:
This notice was served on the petitioner and was accepted as evidence in support of the claim.
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 Muraleedharan M.K. vs Baby Paily regarding landlord-tenant dispute
Case Code Year
Case between Muraleedharan M.K. vs Baby Paily regarding landlord-tenant dispute