Case Summary
Preetha Prabhakar, living abroad, seeks eviction of her tenant, Shabna.M, due to unpaid rent. The petitioner claims her family's need for the property for residential purposes while the tenant has been irregular in payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Tenant is directed to put the landlord in possession of the property.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the eviction petition, directing the tenant to vacate the property within 30 days. The court also awarded costs to the petitioner.
Why Plaintiff Won:
The petitioner established arrears of rent and a bonafide need for the property.
The petitioner established arrears of rent and a bonafide need for the property.
Losing Side's Weaknesses:
The petitioner established arrears of rent and a bonafide need for the property.
The petitioner established arrears of rent and a bonafide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 and Ext. C1 series established his case as pleaded by him. It shows that the rent is in arrears and that material reduction of utility of building was made by the respondent.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(i) of the Act with costs as follows:- The respondent/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
- Preetha Prabhakar
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shabna.M
- Relation
- D/o
Plaintiffs Documents
Original General power of attorney dated 15.12.2024, Copy of Lawyer's notice dated 04.03.2024, Reply of Lawyer's notice dated 22.03.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- G. Gopakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.M. Binitha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Achuth Kylas
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mahesh Menon R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(i) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to recover 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:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Admitted to establish the petitioner's claim.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Admitted as evidence of communication regarding rent arrears.
Reference:
Ext.A2
Document Type:
Reply of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Admitted to show the response from the respondent regarding the arrears.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Admitted to support the case regarding the condition of the property.
Reference:
Ext.C1
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 Preetha Prabhakar vs Shabna.M regarding eviction from rental property
Case Code Year
Case between Preetha Prabhakar vs Shabna.M regarding eviction from rental property