Case Summary
This case involves Sajith Pillai seeking eviction of Sreeja.S. for non-payment of rent. The petitioner alleges that the respondent has defaulted in paying monthly rent since May 2024 and needs the premises for personal use.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioner, allowing the eviction of the respondent based on non-payment of rent and the petitioner's personal needs.
Why Plaintiff Won:
The petitioner demonstrated entitlement to vacant possession under the relevant provisions of the Act due to the respondent's failure to pay rent.
The petitioner demonstrated entitlement to vacant possession under the relevant provisions of the Act due to the respondent's failure to pay rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the petitioner coupled with Ext.A2 land tax receipt dated 14/03/2024, Ext.A3, building tax receipt dated 29/07/2024, Ext.A4, legal notice dated 26/10/2024, Ext.A5, acknowledgment card Ext. A6, returned registered notice would substantiate the petitioner’s claim.
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 No.12-01-2024, Land Tax Receipt No.14-03-2024, Building Tax Receipt No.29-07-2024, Legal Notice No.26-10-2024, Acknowledgment Card, Returned Registered envelope with Acknowledgment Card.
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:
Petitioner is entitled to get vacant possession of the petition schedule building
Evidence:
The petitioner is entitled to get vacant possession of the petition schedule building under section 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction ordered for bonafide need of the petitioner
Evidence:
The petitioner is entitled to get vacant possession of the petition schedule building on the ground of bonafide need.
Documents & Evidence
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
Shows that the respondent agreed to pay a monthly rent of Rs.11,000/-
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports the petitioner’s claim regarding the property
Reference:
Ext.A2
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of the petitioner’s claim
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of legal notice sent for payment of rent
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice
Reference:
Ext.A5
Document Type:
Returned Registered Envelope
Submitted By:
Plaintiff
Relevance:
Indicates failure of the respondent to accept the notice
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 under the Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between Sajith Pillai vs Sreeja.S. regarding eviction under the Kerala Building (Lease and Rent Control) Act