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R.C.P. No. 124/2020

Case between Parvathy Antharjanam et al vs Lalitha et al regarding eviction from the schedule building

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2024-08-12
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, legal heirs of late Sankara Narayanan Bhattathirippad, seek eviction of the respondents, who are tenants in a commercial property. The court allowed the petitioners' request for eviction due to the respondents' failure to appear.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the petitioners' request to evict the respondents from the schedule building, allowing them possession within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioners' request to evict the respondents from the schedule building, allowing them possession within 30 days.
Why Plaintiff Won:
The petitioners established their case due to the respondents' failure to appear.
Losing Side's Weaknesses:
The petitioners established their case due to the respondents' failure to appear.
Supporting Evidence
Thus, the unrebutted oral testimony of PW1 and Exts. A1 to A4 established their case as pleaded by them.

Judgment Evidence:

In the result, the petition is allowed with costs as follows. 1. The respondents 2 to 4/tenants are hereby directed to put the landlord/petitioners in possession of the schedule building under Section 11(3) of the Act within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Parvathy Antharjanam
Party Age
74
Relation
W/o
Party Role
Plaintiff
Party Name
E.S. Madhu
Party Age
51
Relation
S/o
Party Role
Plaintiff
Party Name
E.S. Mahesh
Party Age
49
Relation
S/o
Party Role
Plaintiff
Party Name
E.A. Sreedharan Bhattathiripad
Party Age
84
Party Role
Plaintiff
Party Name
Nalini Antharjanam
Party Age
72
Relation
W/o
Party Role
Defendant
Party Name
Lalitha
Party Age
75
Relation
W/o
Party Role
Defendant
Party Name
Ajithkumar
Relation
S/o
Party Role
Defendant
Party Name
Anitha K.S.
Relation
S/o
Plaintiffs Documents
lawyer's notice dated 19.02.2019, original postal receipts dated 20.02.2019, original A/D Cards, original unclaimed returned postal envelope addressed to the 2nd respondent dated 28.02.2019
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ninan John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ravikrishnan E.M
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sanjana Sara Varghese
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondents are directed to vacate the schedule building.
Evidence:
The respondents 2 to 4/tenants are hereby directed to put the landlord/petitioners in possession of the schedule building under Section 11(3) of the Act within 30 days from today.
Relief Type: Eviction
Outcome: Granted
Description:
The respondents are ordered to hand over possession of the building.
Evidence:
The respondents 2 to 4/tenants are hereby directed to put the landlord/petitioners in possession of the schedule building under Section 11(4)(iv) of the Act within 30 days from today.
Relief Type: Costs
Outcome: Granted
Description:
Petitioners are entitled to realize the costs of the petition.
Evidence:
The petitioners are entitled to realize the costs of the petition from the respondents 2 to 4.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document serves as a notification to the respondents regarding the eviction proceedings.
Reference:
Ext.A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
These original postal receipts are evidence of delivery of the lawyer's notice to the respondents.
Reference:
Ext.A2 series
Document Type: A/d Card
Submitted By: Plaintiff
Relevance:
These A/D cards further confirm that the notice was received by the respondents.
Reference:
Ext.A3 series
Document Type: Returned Postal envelope
Submitted By: Plaintiff
Relevance:
This document indicates that the notice sent to the 2nd respondent was unclaimed.
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 Parvathy Antharjanam et al vs Lalitha et al regarding eviction from the schedule building
Case Code Year
Case between Parvathy Antharjanam et al vs Lalitha et al regarding eviction from the schedule building

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
75%

Involved Entities

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