Case Summary
R. Rajesh Prabhu is seeking eviction of Edna Correya and others due to non-payment of rent for a commercial building. The respondents, being the legal heirs of the original tenant, denied the landlord-tenant relationship.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Existence of landlord-tenant relationship established despite respondents' claims.
Existence of landlord-tenant relationship established despite respondents' claims.
Judgment Evidence:
In the result, the petition is allowed as follows. 1. The respondents are directed to put the petitioner in possession of the petition schedule building under section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Plaintiffs
R. Rajesh Prabhu (50 years years)
2B, Indradhunash Apartments, T D Road, Ernakulam, Kochi 682023
Defendants
Edna Correya (60 years years)
47/306, Ambat House, Vaduthala, Kochi-682023
Dany Correya (38 years years)
47/306, Ambat House, Vaduthala, Kochi-682023
Binu Correya (36 years years)
47/306, Ambat House, Vaduthala, Kochi-682023
Dayana Coreya (34 years years)
47/306, Ambat House, Vaduthala, Kochi-682023
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the respondents from the petition schedule building.
Evidence:
The petition is allowed as follows. The respondents are directed to put the petitioner in possession of the petition schedule building under section 11(2)(b) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Statutory Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued to the respondents demanding payment of arrears of rent.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment cards were produced to prove that the statutory notice was served on the defendants.
Reference:
Ext.A2 Series
Document Type:
Order Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the order in RCP 132/2017 was filed to support the petitioner's case.
Reference:
Ext.A3
Document Type:
Objection Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the objection filed by the respondent in RCP 132/2017 was presented as evidence.
Reference:
Ext.A4
Document Type:
Deposition Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the deposition of Dany Correya in RCP 132/2017 was filed for reference.
Reference:
Ext.A5
Document Type:
Order Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the order in RCP 132/2017 was used to show previous court proceedings.
Reference:
Ext.A6
Document Type:
RCA Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of RCA 4/2020 was introduced to illustrate the appeal against prior orders.
Reference:
Ext.A7
Document Type:
Order Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of the order in RCA 4/2020 was presented to support the petitioner's claims regarding landlord-tenant relationship.
Reference:
Ext.A8