Case Summary
Shajan Thomas filed a petition against Kunjumol Pradeep Jagtap for eviction due to breach of a rental agreement. The petitioner claims the respondent has not vacated the property and owes rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for the respondent to vacate the property within 30 days and costs granted to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition in part, ordering the respondent to vacate the property within 30 days and granted the petitioner the costs of the petition.
Why Plaintiff Won:
The petitioner provided sufficient evidence of rent arrears and breach of agreement by the respondent.
The petitioner provided sufficient evidence of rent arrears and breach of agreement by the respondent.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of rent arrears and breach of agreement by the respondent.
The petitioner provided sufficient evidence of rent arrears and breach of agreement by the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1(a) to A6 series established his case as pleaded by him. It's shown that the rent is in arrears as claimed by the petitioner.
Judgment Evidence:
The petition is allowed in part u/s 11(2)(b) and 11(3) of the Act 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
- Shajan Thomas
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Linolf Joseph
- Party Age
- 45
- Relation
- Power Attorney Holder
- Party Role
- Defendant
- Party Name
- Kunjumol Pradeep Jagtap
- Party Age
- 55
- Relation
- W/o
Plaintiffs Documents
Power of Attorney dated 02.05.2023, Original Rental agreement dated 25.02.2022, Lawyer's notice dated 07.07.2023, Copy of Lawyer’s notice dated 14.02.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Madhusoodanan S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rohini V. Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Suni M.D.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lipi Mol G.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sooraj M.I.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ganga Menon
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Reshma Pushpangadan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Archana V.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jibtu T. Babu
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Relief Type:
Mandatory Injunction
Outcome:
Rejected
Description:
Relief sought under section 11(4)(v) of the Act is rejected due to lack of evidence.
Evidence:
But no evidence is adduced so as to constitute the ingredients required under section 11(4)(v) of the Act, hence the relief sought under the said section is hereby rejected.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Submitted as the copy of Power of Attorney to support the petitioner's claim.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Original rental agreement dated 25.02.2022 to establish tenancy terms.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Lawyer's notice dated 07.07.2023 indicating unserved demands to the respondent.
Reference:
Ext.A3
Document Type:
Postal Envelop with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Original unserved postal envelop with acknowledgment card to establish communication attempts.
Reference:
Ext.A4
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 14.02.2024.
Reference:
Ext.A5
Document Type:
Postal Envelop with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Original unserved postal envelop with acknowledgment card indicating further communication attempts.
Reference:
Ext.A6
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Shajan Thomas vs Kunjumol Pradeep Jagtap regarding eviction of tenant
Case Code Year
Case between Shajan Thomas vs Kunjumol Pradeep Jagtap regarding eviction of tenant