Case Summary
N. Parevathy Manoranjini, the petitioner, seeks to evict Tino Thomas, the counter petitioner, for failing to pay rent for a property since August 2019. The court found that the respondent has not been occupying the property and has accrued substantial rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction against Tino Thomas due to non-payment of rent and lack of occupancy in the property.
Why Plaintiff Won:
The petitioner proved that the respondent defaulted in rent payment and ceased occupancy of the premises.
The petitioner proved that the respondent defaulted in rent payment and ceased occupancy of the premises.
Losing Side's Weaknesses:
The petitioner proved that the respondent defaulted in rent payment and ceased occupancy of the premises.
The petitioner proved that the respondent defaulted in rent payment and ceased occupancy of the premises.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and Ext. A1 lease agreement, it is evident that the respondent took the petition schedule building on rent and failed to pay rent since August 2019.
Judgment Evidence:
In the result, the petition is allowed with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b), 11(4)(ii), and 11(4)(v) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N. Parevathy Manoranjini
- Party Age
- 74
- Relation
- W/o. Late A.C. Gopinatha Menon
- Party Role
- Defendant
- Party Name
- Tino Thomas
- Party Age
- 36
- Relation
- S/o. Thomas Chacko
Plaintiffs Documents
Lease Agreement dated 01.04.2019, Lawyer Notice dated 29.11.2019, Acknowledgment card, Lawyer Notice dated 14.10.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Antony Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Richin Mahew
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought an order of eviction against the respondent who has ceased to occupy the petition schedule building.
Evidence:
In these circumstances, the petitioner has proved his case and therefore, he is entitled to get order of eviction against the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement evidences the tenancy and terms agreed upon between the petitioner and the respondent for the petition schedule building.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice informs the respondent about the non-payment of rent and demands payment.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card shows confirmation of receipt of the lawyer notice by the respondent's mother.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A subsequent lawyer notice sent to the respondent for the payment of arrears of rent.
Reference:
Ext.A4
Document Type:
Original Returned Envelope
Submitted By:
Plaintiff
Relevance:
This envelope signifies that the earlier lawyer notice sent was unserved.
Reference:
Ext.A5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The power of attorney document executed in favor of the witness for representing the petitioner.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report substantiates the petitioner's claim by detailing the condition and status of the petition schedule building.
Reference:
Ext.C1
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 N. Parevathy Manoranjini vs Tino Thomas regarding eviction based on non-payment of rent.
Case Code Year
Case between N. Parevathy Manoranjini vs Tino Thomas regarding eviction based on non-payment of rent.