Case Summary
Involves Rita J. Chirayath, a senior citizen and retired teacher, as the petitioner, and Binny P. P., the respondent. The case concerns non-payment of rent leading to eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building
Case Type
Petition under Section 11(2) (b) & 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965
Final Judgment
No
The petitioner is granted possession of the property with costs against the respondent.
Why Plaintiff Won:
The petitioner provided evidence of non-payment of rent and subletting by the respondent.
The petitioner provided evidence of non-payment of rent and subletting by the respondent.
Losing Side's Weaknesses:
The petitioner provided evidence of non-payment of rent and subletting by the respondent.
The petitioner provided evidence of non-payment of rent and subletting by the respondent.
Supporting Evidence
The petitioner proved non-payment of rent and subletting by the respondent.
Judgment Evidence:
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rita J. Chirayath
- Party Age
- 63
- Relation
- W/o. Varghese K.V.
- Party Role
- Defendant
- Party Name
- Binny P. P.
- Party Age
- 51
- Relation
- S/o. Purushan
Plaintiffs Documents
Copy of Lawyer's notice, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas M. Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Sahil P.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- V.Mangala
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner granted possession of rented property
Evidence:
Court order directing respondent to vacate property within 30 days
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to recover costs
Evidence:
Court order awarding costs of the petition to the respondent
Documents & Evidence
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for non-payment of rent and eviction
Reference:
Ext.Al
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for communication
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for communication
Reference:
Ext.A3
Document Type:
Returned unopened postal cover containing legal notice
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for attempted communication
Reference:
Ext.A4
Document Type:
Returned unopened postal cover
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for attempted communication
Reference:
Ext.A5
Document Type:
Certified copy of plaint in OS 902/2023
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for ongoing legal proceedings
Reference:
Ext.A6
Document Type:
Certified copy of written statement in OS 902/2023
Submitted By:
Plaintiff
Relevance:
Submitted as evidence for ongoing legal proceedings
Reference:
Ext.A7
Case Classification
Case Type
Petition under Section 11(2) (b) & 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Rita J. Chirayath vs Binny P. P. regarding Petition under Section 11(2) (b) & 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965
Case Code Year
Case between Rita J. Chirayath vs Binny P. P. regarding Petition under Section 11(2) (b) & 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965