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
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.
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.
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