Case Summary
The petitioner, Rhine Biogenics (P) Ltd, seeks eviction of the respondent, Century Associates, for not vacating the leased premises after the expiration of the lease agreement. The case involves issues of unpaid rent and lease terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises and costs of the petition awarded to the petitioner
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to vacate the premises and hand over possession to the petitioner within 30 days.
Why Plaintiff Won:
The evidence presented by the petitioner regarding unpaid rent and the expiration of the lease agreement went unchallenged.
The evidence presented by the petitioner regarding unpaid rent and the expiration of the lease agreement went unchallenged.
Losing Side's Weaknesses:
The evidence presented by the petitioner regarding unpaid rent and the expiration of the lease agreement went unchallenged.
The evidence presented by the petitioner regarding unpaid rent and the expiration of the lease agreement went unchallenged.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits A2 to A4 established his case as pleaded by him. It shows that the rent is in arrears. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted.
Judgment Evidence:
In the result, The petition is allowed u/sec. 11(2)(b) Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rhine Biogenics (P) Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Century Associates
- Relation
- Represented by
Plaintiffs Documents
Copy of Lawyer's notice sent to respondent, Original acknowledgment card, Certified copy of resolution passed by petitioner's company
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jithin Saji Isaac
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saji Isaac K.J.
- Appearance Type
- Main 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 within 30 days.
Evidence:
In the result, The petition is allowed u/sec. 11(2)(b) Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Copy of lease deed dated 07.10.2018, marked subject to proof but rejected.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 17.05.2024 sent to respondent.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card related to lawyer's notice.
Reference:
Ext.A3
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Certified copy of resolution dated 11.06.2024 passed by petitioner's company.
Reference:
Ext.A4
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 Rhine Biogenics (P) Ltd vs Century Associates regarding eviction and rent arrears
Case Code Year
Case between Rhine Biogenics (P) Ltd vs Century Associates regarding eviction and rent arrears