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R.C.P. No. 51/2024

Case between Rajakumari C.R. vs Smt. Suvija N. regarding eviction from rented premises

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-07-31
Duration
approximately-1 year 21 days
Case Closed
Wed, 07/31/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Rajakumari C.R. filed a petition against Smt. Suvija N., the tenant, seeking eviction from a commercial building. The petitioner claims the respondent abandoned the property and defaulted on rent payments.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition filed by Rajakumari C.R., ordering Smt. Suvija N. to vacate the rented premises.
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition filed by Rajakumari C.R., ordering Smt. Suvija N. to vacate the rented premises.
Why Plaintiff Won:
The petitioner's claims were not contradicted by any evidence from the respondent.
Losing Side's Weaknesses:
The petitioner's claims were not contradicted by any evidence from the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A3, and Ext. C1 established her case as pleaded by her. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted and the petitioner is entitled to the relief as prayed for.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b), 11(4)(v) and 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b), 11(4)(v) and 11(3) of the Act within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rajakumari C.R.
Party Age
56
Relation
D/o
Party Role
Defendant
Party Name
Smt. Suvija N.
Relation
W/o
Plaintiffs Documents
Original of the tax receipt dated 08.02.2024, Copy of the lawyer's notice dated 12.03.2024, Original returned postal article issued to respondent.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
P.U. Ziyad
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Susan Ziyad
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Natalia Ziyad
Appearance Type
Assisting 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(4)(v) and 11(3) of the Act with costs.
Relief Type: Recovery
Outcome: Granted
Description:
The petitioner is entitled to get the 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: Tax receipt
Submitted By: Plaintiff
Relevance:
Original of the tax receipt dated 08.02.2024 of the petition schedule building.
Reference:
Ext.A1
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer's notice dated 12.03.2024.
Reference:
Ext.A2
Document Type: Returned Postal Article
Submitted By: Plaintiff
Relevance:
Original of the returned postal article issued to respondent.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report dated 09.07.2024 in I.A 3/2024.
Reference:
Ext.C1
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Unrebutted oral testimony of PW1 established the petitioner's case.
Reference:

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 Rajakumari C.R. vs Smt. Suvija N. regarding eviction from rented premises
Case Code Year
Case between Rajakumari C.R. vs Smt. Suvija N. regarding eviction from rented premises

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 07/10/2024 - 12:00
Case Closed
Wed, 07/31/2024 - 12:00
From
Mon, 07/01/2024 - 12:00
To
Wed, 07/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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