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
The petition for eviction was allowed, directing the respondents to vacate the premises within 30 days. The order also allowed the petitioner to recover costs from the respondents.
Why Plaintiff Won:
Existence of landlord-tenant relationship established despite respondents' claims.
Existence of landlord-tenant relationship established despite respondents' claims.
Losing Side's Weaknesses:
Existence of landlord-tenant relationship established despite respondents' claims.
Existence of landlord-tenant relationship established despite respondents' claims.
Supporting Evidence
Having found that there exists landlord tenant relationship between the petitioner and the respondent, it is necessary to see what is the quantum of rent fixed between the petitioner and the respondent and whether the respondent has committed default in paying the monthly rent.
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
Parties
- Party Role
- Plaintiff
- Party Name
- R. Rajesh Prabhu
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edna Correya
- Party Age
- 60
- Relation
- W/o.late
- Party Role
- Defendant
- Party Name
- Dany Correya
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu Correya
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Dayana Coreya
- Party Age
- 34
- Relation
- D/o
Plaintiffs Documents
Office Copy of the Statutory notice dated 26.05.2022, Certified copy of order in RCP 132/2017, Certified copy of objection filed by the respondent in RCP 132/2017, Certified copy of deposition of Danny Correya in RCP 132/2017, Certified copy of Order in RCP 132/2017
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- B.M. Ajith
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajagopal K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Antony Shyju
- Appearance Type
- Main Counsel
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
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 R. Rajesh Prabhu vs Edna Correya et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between R. Rajesh Prabhu vs Edna Correya et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act