Case Summary
Sajeev A. Joy, the petitioner, filed a petition seeking eviction of the respondent, Jain M.S., due to non-payment of rent. The respondent defaulted on multiple rent payments and continued to occupy the premises despite receiving notices to vacate.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises within 30 days.
Case Type
Rent Control Application
Final Judgment
No
The court ruled in favor of the petitioner, allowing the eviction of the respondent due to non-payment of rent. The respondent must vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner proved the non-payment of rent and the bona fide need for the premises.
The petitioner proved the non-payment of rent and the bona fide need for the premises.
Losing Side's Weaknesses:
The petitioner proved the non-payment of rent and the bona fide need for the premises.
The petitioner proved the non-payment of rent and the bona fide need for the premises.
Supporting Evidence
The uncorroborated evidence of PW1 and Exts.A1 to A5 and Ext. X1 and Ext. X2 proves the case of PW1.
Judgment Evidence:
In the result, the petition is allowed u/S. 11(2)(b) and 11 (3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajeev A. Joy
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jain M.S.
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original Sale deed No. 456/1996 of SRO, Thrikkakkara, Building Tax Receipt (5 Nos.), Copy of Lawyer's Notice dated 24.08.2024, Copy of Lawyer's Notice dated 18.10.2024, Plaint in OS No. 1169/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Joji George Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Denny Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lijo Raju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Evidence:
The petition is allowed u/S. 11(2)(b) and 11(3) of the Act.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Original sale deed No. 456/1996 of SRO, Thrikkakara.
Reference:
Ext.A1
Document Type:
Building Tax Receipts
Submitted By:
Plaintiff
Relevance:
Building tax receipts (5 in Nos) in support of the case.
Reference:
Ext.A2 series
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 24.08.2024 along with original postal receipt and proof of acknowledgment.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 18.10.2024 along with original postal receipt and proof of acknowledgment.
Reference:
Ext.A4
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Plaint in OS No. 1169/2024 filed by the respondent against the petitioner.
Reference:
Ext.A5
Document Type:
Bank statement
Submitted By:
Court
Relevance:
Statement of accounts of the petitioner from 10.11.2021 till 10.11.2025 from Federal Bank.
Reference:
Ext.X1 series
Document Type:
Bank statement
Submitted By:
Court
Relevance:
Statement of accounts of the petitioner from 10.11.2021 till 09.11.2025 from HDFC Bank.
Reference:
Ext.X2 series
Case Classification
Case Type
Rent Control Application
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sajeev A. Joy vs Jain M.S. regarding Rent and Eviction
Case Code Year
Case between Sajeev A. Joy vs Jain M.S. regarding Rent and Eviction