Case Summary
N.X. Joseph Jason filed a petition against Noble George for eviction from a rented building due to non-payment of rent and requested for the fixation of fair rent. The petitioner claims the respondent defaulted on rent payments and needs the premises for his own business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction from the premises and fixation of fair rent at Rs.30 per sq.ft.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner proved his case of necessary occupancy for business and established non-payment of rent.
The petitioner proved his case of necessary occupancy for business and established non-payment of rent.
Judgment Evidence:
The petition is allowed. The following orders are issued. 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today under Section 11((2)(b) of the Act.
Parties Involved
Plaintiffs
N.X. Joseph Jason (58 years)
Nilavareth House, Kaloor P.O., Pin-682 017, Elamkulam Village, Kanayannur Taluk, Ernakulam District, Kerala State.
Defendants
Noble George (Age not specified years)
Koottungal House, South Vellarappilly, Sreemoolanagaram, Ernakkulam District, Kerala, Pin-683580.
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
An order was made for eviction of the respondent from the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today under Section 11((2)(b) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
The order for the respondent to surrender vacant possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in vacant possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Relief Type:
Fair Rent
Outcome:
Partly Granted
Description:
Fixation of fair rent for the petition schedule building.
Evidence:
The fair rent of the petition schedule building is fixed Rs.30/(Rupees Thirty) per sq.ft from the date of the petition.
Documents & Evidence
Document Type:
Property Tax
Submitted By:
Plaintiff
Relevance:
This document shows that the petitioner is paying the property tax in respect of the petition schedule building.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document shows that the petitioner entered into a rent agreement with the respondent and the lease has come into effect from September, 2016.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a true copy of the lawyer notice sent to the respondent demanding payment of arrears of rent.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the respondent received the notice.
Reference:
Ext.A4