Case Summary
The petitioners, Pradeep and Manju, seek eviction of the respondent, Chithra, for non-payment of rent and recovery of arrears. The petitioners have been seeking to regain possession of their rental property as the respondent defaulted on rent and has refused to vacate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order granted, respondent directed to vacate within 30 days.
Case Type
Eviction Proceedings
Final Judgment
No
The court allowed the petition for eviction due to the respondent's non-payment of rent and failure to vacate the premises. The respondent is directed to vacate the property within 30 days.
Why Plaintiff Won:
Petitioners were able to show evidence of non-payment of rent and their legitimate need for the premises.
Petitioners were able to show evidence of non-payment of rent and their legitimate need for the premises.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 regarding his requirements of scheduled building for their residential purpose remains unchallenged.
Judgment Evidence:
In the result, an order is passed on the following terms. i) Respondent is directed to put the petitioner in possession of the scheduled building U/s 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pradeep
- Party Age
- 51
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Manju
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Chithra. S
- Party Age
- 42
- Relation
- D/o
Plaintiffs Documents
Rent agreement dated 18/07/2023, Advocate Notice dated 30/08/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kishore.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order to evict the respondent from the scheduled building.
Evidence:
Hence, the petitioners are entitled to get an order of eviction Under Section 11(2) (b) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
Order for the respondent to put the petitioners in possession of the building.
Evidence:
Respondent is directed to put the petitioners in possession of the scheduled building U/s 11(2)(b) of the Act.
Relief Type:
Mandatory Injunction
Outcome:
Granted
Description:
Order to vacate the premises within a specified time.
Evidence:
Respondent is directed to put the petitioners in possession of the scheduled building within 30 days from today.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Proves the rental agreement executed by the respondent for a specified period.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of demand for arrears of rent by the petitioners.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms that the notice regarding arrears was sent via registered post.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Records that the respondent accepted the notice sent by the petitioners.
Reference:
Ext.A4
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
Demonstrates the legal action taken by the respondent against the petitioners.
Reference:
Ext.A5
Case Classification
Case Type
Eviction Proceedings
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Pradeep et al vs Chithra. S regarding eviction under the Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Pradeep et al vs Chithra. S regarding eviction under the Kerala Building (Lease and Rent Control) Act.