Case Summary
Sali Oomman, the petitioner, filed for eviction against Biju and S.K.Sound, the counter petitioners, due to non-payment of rent. The petitioner requires the building for her own occupation as the counter petitioners have failed to vacate despite legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the petition scheduled residential building
Case Type
Eviction Petition
Final Judgment
No
The counter petitioner is directed to vacate the petition scheduled residential building and handover vacant possession to the petitioner. The counter petitioner is also ordered to pay costs of the proceedings.
Why Plaintiff Won:
The petitioner proved her case by producing evidences, including unrefuted testimony and legal notices.
The petitioner proved her case by producing evidences, including unrefuted testimony and legal notices.
Losing Side's Weaknesses:
The petitioner proved her case by producing evidences, including unrefuted testimony and legal notices.
The petitioner proved her case by producing evidences, including unrefuted testimony and legal notices.
Supporting Evidence
By producing Exts. A1 to A4 and by deposing in tune with the petition averments in the affidavit, the petitioner has succeeded in proving her case. Moreover, there is no evidence to rebut the evidence adduced on the side of the petitioner.
Judgment Evidence:
In the result, the counter petitioner is directed to vacate the petition scheduled residential building and handover vacant possession of the same to the petitioner under Section 11 (2) (b) and 11(3) of Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sali Oomman
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Biju
- Party Role
- Defendant
- Party Name
- S.K.Sound
Plaintiffs Documents
Rent Agreement dated 23/06/2021, Office copy of Advocate Notice dated 09/08/2024, Acknowledgment Card dated 13/08/2024, Reply Notice dated 24/08/2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P.Gopala Krishna Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the counter petitioner from the petition schedule residential building.
Evidence:
Hence, the petitioner is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proves the existence of a rental agreement and the agreed monthly rent.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Demands payment of rent arrears and vacating the petition schedule building.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves receipt of the legal notice sent to the counter petitioner.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Shows the counter petitioner's response regarding the tenancy and rental dues.
Reference:
Ext.A4
Case Classification
Case Type
Eviction 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 Sali Oomman vs Biju et al regarding eviction under Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between Sali Oomman vs Biju et al regarding eviction under Kerala Building (Lease and Rent Control) Act