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
The court allowed the petition, directing the respondent to vacate the premises within 30 days. The petitioner is also entitled to recover costs from the respondent.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 series and A3 established his case as pleaded by him. The bonafide need was also projected by the petitioner.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Rubin Ray
- Party Age
- 33
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Hameed
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Lawyer's notice dated 06.03.2023, postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathews K.Philip
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Minisha K.Das
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- M.V.P. Abdul Majeed
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devika Suresh
- Appearance Type
- Assisting Counsel
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:
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 Rubin Ray vs Abdul Hameed regarding Rent Control
Case Code Year
Case between Rubin Ray vs Abdul Hameed regarding Rent Control
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour