Case Summary
The petitioner, Raghavan, seeks eviction of the respondent, Dileep, for non-payment of rent. The case involves a rented building unit for a clothing retail business that the tenant failed to vacate after defaulting on rental payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rented unit and costs awarded to the petitioner.
Case Type
Rent Control Case
Final Judgment
No
The petition for eviction was allowed, and Dileep was directed to vacate the premises within one month. Additionally, Raghavan was entitled to recover costs from Dileep.
Why Plaintiff Won:
The petitioner provided unchallenged oral and documentary evidence supporting the case for eviction.
The petitioner provided unchallenged oral and documentary evidence supporting the case for eviction.
Losing Side's Weaknesses:
The petitioner provided unchallenged oral and documentary evidence supporting the case for eviction.
The petitioner provided unchallenged oral and documentary evidence supporting the case for eviction.
Supporting Evidence
I have meticulously gone through the evidence adduced by the petitioner. He filed proof affidavit in tune with the pleadings. Petitioner was also rely on Ext. A1 to A4 documents to establish his case.
Judgment Evidence:
In the result, the petition is allowed on costs as follows: The petitioner/landlord is entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2)(b) of the Kerala Building (Lease and Rent Control) Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Raghavan
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dileep
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original rent deed dated 09.05.2023, True copy of advocate notice dated 18.06.2024, Postal receipt, Unclaimed notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- D. Subhash Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is granted an order of eviction of the respondent from the petition schedule building.
Evidence:
The petitioner/landlord is entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2)(b) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get costs from the respondent.
Evidence:
The petitioner is entitled to get costs from the respondent.
Documents & Evidence
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
Used to establish the existence of the lease agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
True Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Served as legal notice for demanding outstanding rent from the respondent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence of the legal notice being sent to the respondent.
Reference:
Ext.A3
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Demonstrated that the legal notice was unclaimed by the respondent.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Case
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
RCP
Case Code Year
2024