Case Summary
Rubin Ray is seeking to regain possession of a building from Abdul Hameed due to non-payment of rent. The petitioner claims he requires the building for his livelihood and has not been able to receive payment from the respondent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the 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 claim was uncontroverted due to the respondent's failure to file an objection.
The petitioner's claim was uncontroverted due to the respondent's failure to file an objection.
Judgment Evidence:
In the result: The petition is allowed u/s 11(2)(b) and 11(3) of the Act as follows: 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) and Section 11(3) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Rubin Ray (33 years years)
Shivakeerthi, 63/2699, Karithala Road, Manoramma Junction, M.G. Road, Kanayannur Taluk, Ernakulam
Defendants
Abdul Hameed (54 years years)
Proprietor, Sahara International Traders, Puthenparambil house, Randathani.P.O, Kalpakanjerry Village, Thirur Taluk, Malappuram District
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is entitled to possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act 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:
Cost
Outcome:
Granted
Description:
The petitioner is entitled to realize costs of the suit from the respondent.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The lawyer's notice dated 06.03.2023 was submitted to demand vacant possession and arrears of rent.
Reference:
Ext.A2 series
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
The original returned postal envelope addressed to the respondent was accepted and admitted in evidence.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The unrebutted oral testimony of the petitioner (PW1) established his case.
Reference: