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
The court allowed the petition, directing the respondent to vacate the premises within 30 days and fixed the fair rent at Rs.30 per sq.ft.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and documentary evidence of Exts.A1 to A4, the petitioner has proved his case and therefore, he is entitled to get an order, as prayed for.
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
Parties
- Party Role
- Plaintiff
- Party Name
- N.X. Joseph Jason
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noble George
- Relation
- S/o
Plaintiffs Documents
Original property tax, Original rent Agreement, True copy of lawyer Notice, Original postal acknowledgment.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Saji P. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.C. Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mini G
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Seena A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saju K.T.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thankarajan P.K.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Deepesh
- Appearance Type
- Main Counsel
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
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.X. Joseph Jason vs Noble George regarding eviction and rent fixation
Case Code Year
Case between N.X. Joseph Jason vs Noble George regarding eviction and rent fixation