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R.C.P. No.68/2024

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

Court
THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2025-02-01
Duration

Judgement document from eCourt website

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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

Plaintiff Won
Interim Order
The petitioner is granted possession of the property with costs against the respondent.
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
Why Plaintiff Won:
The petitioner provided evidence of 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

Plaintiffs

Rita J. Chirayath (63 years years) 16/568 A, Bethel, 54-A, Chirayath House, Kongothra Road, Nedumbasserry Village, Mekkad P.O., Aluva, Ernakulam District, Pin-683589

Defendants

Binny P. P. (51 years years) Pulikkathara Veetil, Perumanur Desham, Thevara Ferry P. O., Ernakulam, Pin, 682015

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

Quick Facts

Location
ERNAKULAM
Case Filed
Outcome Confidence
80%

Involved Entities

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