Case Summary
P.N. Saseendran, the petitioner, seeks eviction of E.S. Ashraf, the respondent, for non-payment of rent and other dues totaling Rs. 2,40,000. The case proceeded ex parte after the respondent failed to appear.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner is entitled to possession of the premises.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction is allowed, requiring the respondent to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner's evidence regarding arrears was not contested by the respondent.
The petitioner's evidence regarding arrears was not contested by the respondent.
Losing Side's Weaknesses:
The petitioner's evidence regarding arrears was not contested by the respondent.
The petitioner's evidence regarding arrears was not contested by the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits A1 and A3 established his case as pleaded by him. It shows that the rent is in arrears.
Judgment Evidence:
In the result, the petition is allowed u/sec.11(2)(b) Act with costs as follows: 1. The respondents/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.N. Saseendran
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- E.S. Ashraf
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer's notice, Original postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Benny M. John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/sec.11(2)(b) Act with costs.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Admitted in evidence in support of his case.
Reference:
Ext.A1
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Tendered in evidence to establish the claim.
Reference:
Ext.A3
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 P.N. Saseendran vs E.S. Ashraf regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between P.N. Saseendran vs E.S. Ashraf regarding eviction under Kerala Buildings (Lease and Rent Control) Act