Case Summary
P. Mayadevi and K. Sainathan Nair, as petitioners, seek the eviction of their tenant V.M. Santhosh for failing to pay rent arrears amounting to Rs. 70,000. They claim this eviction is required to accommodate their daughter who is facing health issues.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant within 30 days.
Case Type
Rent Control Proceedings
Final Judgment
No
The court allowed the eviction petition based on the non-payment of rent and granted the petitioners possession of the apartment within 30 days.
Why Plaintiff Won:
The petitioners established their case by providing unrebutted oral testimony and evidence of rent arrears.
The petitioners established their case by providing unrebutted oral testimony and evidence of rent arrears.
Losing Side's Weaknesses:
The petitioners established their case by providing unrebutted oral testimony and evidence of rent arrears.
The petitioners established their case by providing unrebutted oral testimony and evidence of rent arrears.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1, A2, A2(a) established their case as pleaded by them.
Judgment Evidence:
In the result, The petition is allowed u/s 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
Parties
- Party Role
- Plaintiff
- Party Name
- P. Mayadevi
- Party Age
- 75
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- K. Sainathan Nair
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.M. Santhosh
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Office copy of the Lawyer notice issued by the petitioner to the respondent, Track consignment of registered Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham P. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M. Santhy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rishabh Dilraj
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vishnu J.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Santhy M.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the apartment within 30 days to accommodate the petitioners' daughter.
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 recover costs from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The office copy of the lawyer notice issued to the respondent demanding payment of rent arrears and vacating the apartment.
Reference:
Ext.A1
Document Type:
Track Consignment
Submitted By:
Plaintiff
Relevance:
The track consignment of the registered lawyer notice issued to the respondent, establishing proof of sending the notice.
Reference:
Ext.A2
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
Certificate of Ext.A2 confirming the track consignment of the registered lawyer notice.
Reference:
Ext.A2(a)
Case Classification
Case Type
Rent Control Proceedings
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between P. Mayadevi et al vs V.M. Santhosh regarding eviction for non-payment of rent
Case Code Year
Case between P. Mayadevi et al vs V.M. Santhosh regarding eviction for non-payment of rent