Case Summary
Sajith Pillai filed a petition against Sreeja.S. for eviction from a rented property due to non-payment of rent. The petition cited a total rent arrear of Rs. 88,000/- and the necessity for the property for personal use.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rented property
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, and Sreeja.S. was ordered to hand over vacant possession of the property within 30 days due to non-payment of rent.
Why Plaintiff Won:
The evidence presented by the petitioner was unchallenged and supported by various documents.
The evidence presented by the petitioner was unchallenged and supported by various documents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence, oral and documentary remain unchallenged. Thus, it can be concluded that the petitioner is entitled to get the vacant possession of the petition schedule building on the ground of bonafide need.
Judgment Evidence:
In the result, the petition is allowed as follows:- 1.The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajith Pillai
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreeja.S.
- Relation
- W/o
Plaintiffs Documents
Original Rent Deed dated 12-01-2024, Land Tax Receipt dated 14-03-2024, Building Tax Receipt dated 29-07-2024, Legal Notice dated 26-10-2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Nufail.Y
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Thomas John Morris
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner was granted eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed as follows:- The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
The respondent executed a rent deed agreeing to pay rent, which is central to the eviction claim.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the petitioner's claim regarding the property.
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the petitioner's claim regarding the property.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded payment of arrears and informed the respondent about eviction.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A5
Document Type:
Returned Registered Envelope with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This indicates that the respondent received the legal notice but did not comply.
Reference:
Ext.A6
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Sajith Pillai vs Sreeja.S. regarding eviction for non-payment of rent
Case Code Year
Case between Sajith Pillai vs Sreeja.S. regarding eviction for non-payment of rent