Case Summary
The petitioners, Salam and others, filed for eviction of the respondent, C.M. Subair, due to non-payment of rent since January 2015. The case revolves around a lease agreement for a shop room and the arrears owed by the tenant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Eviction Petition
Final Judgment
No
Why Plaintiff Won:
The petition was found maintainable despite non-joinder of necessary parties, as the remaining heirs raised no claim over the property.
The petition was found maintainable despite non-joinder of necessary parties, as the remaining heirs raised no claim over the property.
Judgment Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Salam (54 years)
Poovathummottil House, Edappally P.O., Toll Gate, Ernakulam-682 024
Saly (50 years)
Poovathummottil House, Edappally P.O., Toll Gate, Ernakulam-682 024
Sakeer (46 years)
Poovathummottil House, Edappally P.O., Toll Gate, Ernakulam-682 024
Sameer (41 years)
Poovathummottil House, Edappally P.O., Toll Gate, Ernakulam-682 024
Defendants
C.M. Subair (50 years)
“Akbar Manzil”, Cheruparambil House, Changampuzha Nagar P.O., Kalamassery, Ernakulam-682 033
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the tenant from the petition schedule building.
Evidence:
The petition is allowed with costs.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice demanded payment of rent arrears.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of sending the lawyer notice.
Reference:
Ext.A2
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Confirmed receipt of the lawyer notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The respondent's reply to the lawyer notice.
Reference:
Ext.A4
Document Type:
NEFT Receipts
Submitted By:
Defendant
Relevance:
Proof of rent payment made through NEFT.
Reference:
Ext.B1
Document Type:
Copy of letter sent along with cheque
Submitted By:
Defendant
Relevance:
Letter evidencing payment towards rent arrears.
Reference:
Ext.B2
Document Type:
Copy of letter sent along with cheque
Submitted By:
Defendant
Relevance:
Additional evidence of rent payment.
Reference:
Ext.B3
Document Type:
Copy of letter sent along with cheque
Submitted By:
Defendant
Relevance:
Further evidence of rent payment.
Reference:
Ext.B4