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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

Judgement document from eCourt website

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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
Why Plaintiff Won:
The petitioner's claims were not contradicted by any evidence from the respondent.

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

Plaintiffs

Rajakumari C.R. (56 years years) Chooranad House, Elamakkara P.O., Edappally, Ernakulam-682 026

Defendants

Smt. Suvija N. (Age not specified years) 33/2210-A2, Opposite to St. George Church, Vayanasala Bus stop, Elamakkara, Kanayannur Talik, Ernakulam District-682026

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:

Quick Facts

Location
Ernakulam
Case Filed
Wed, 07/10/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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