Case Summary
Prakash R. Nair, the landlord, seeks eviction of K.I. George, the tenant, for default in rent payments and for personal use of the property. The court addresses the landlord's need and the tenant's failure to pay rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction and payment of arrears of rent.
Case Type
Eviction
Final Judgment
No
The court has granted the eviction order to the petitioner, directing the counter petitioner to vacate the premises within 30 days, subject to the condition of clearing outstanding rent.
Why Plaintiff Won:
The court found complete evidence of non-payment of rent and established that the landlord's need for the property is bonafide.
The court found complete evidence of non-payment of rent and established that the landlord's need for the property is bonafide.
Losing Side's Weaknesses:
The court found complete evidence of non-payment of rent and established that the landlord's need for the property is bonafide.
The court found complete evidence of non-payment of rent and established that the landlord's need for the property is bonafide.
Supporting Evidence
The evidence of the petitioner coupled with Ext. A3 Postal receipt and Ext. A4 Acknowledgment card would prove that Ext. A2 notice was sent by registered post and was duly served to the counter petitioner.
Judgment Evidence:
In the result, an order is passed on the following terms. i). Counter petitioner is directed to put the petitioner in possession of the schedule shop room U/s 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prakash R. Nair
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.I. George
- Relation
- S/o
Plaintiffs Documents
Lease deed No. 25.02.2021, Office copy of Lawyer notice dated 05/07/2022, Postal Receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. R. Geetha
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nisha L. Prakash
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreelatha.S
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Riji.R
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Andamukkam Riyas.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction of the counter petitioner from the petition schedule shop room.
Evidence:
Counter petitioner is directed to put the petitioner in possession of the schedule shop room U/s 11(2)(b) of the Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of rent amounting to Rs. 1,45,200/-.
Evidence:
Petitioner is entitled to realise the cost of the proceedings from the respondent.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction for bonafide need of the petitioner from the petition schedule shop room.
Evidence:
Counter petitioners are directed to put the petitioner in possession of the scheduled shop room within 30 days from today for the bonafide need of the petitioner U/s 11(3) of the Act.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The lease deed executed by the counter petitioner for the premises in question.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice demanding payment of arrears of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of the lawyer notice being sent by registered post.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery of the lawyer notice.
Reference:
Ext.A4
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Prakash R. Nair vs K.I. George regarding eviction under Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Prakash R. Nair vs K.I. George regarding eviction under Kerala Building (Lease and Rent Control) Act.