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R.C.P. No. 56/2023

Case between Rubin Ray vs Abdul Hameed regarding Rent Control

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-08-30
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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