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R.C.P. No.141/2021

Case between Shamla P.B., Muhammed Asif vs Muhammed Muneer regarding eviction.

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SRI. REGHUNATH N.S.
Order Date
2024-01-31
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Shamla P.B. and Muhammed Asif, seek eviction of the respondent, Muhammed Muneer, for failing to vacate the rented premises and for non-payment of rent. The case involves a lease agreement for a residential building that was violated by the respondent.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition and ordered the respondent to vacate the premises within 30 days. This decision was based on the failure of the respondent to comply with the rental agreement and mediation terms.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition scheduled building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and ordered the respondent to vacate the premises within 30 days. This decision was based on the failure of the respondent to comply with the rental agreement and mediation terms.
Why Plaintiff Won:
The petitioner sufficiently proved the violation of the rent agreement and the non-payment of rent.
Losing Side's Weaknesses:
The petitioner sufficiently proved the violation of the rent agreement and the non-payment of rent.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1, it is evident that the petitioner and the respondent entered into a rent agreement with the respondent in respect of the petition schedule building for a period of 11 months from 01.04.2018. The case of the petitioner is that though, the respondent took the petition schedule building on rent for his residential purpose, he failed to pay the monthly rent as agreed upon.

Judgment Evidence:

In the result 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

Parties

Party Role
Plaintiff
Party Name
Shamla P.B.
Party Age
40
Party Role
Plaintiff
Party Name
Muhammed Asif
Party Role
Defendant
Party Name
Muhammed Muneer
Party Age
48
Relation
S/o
Plaintiffs Documents
Office Copy of the lawyer notice dated 15.07.2021, Postal receipt dated 02.03.2019
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
D.M. Nowfal
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
A.E. Abdul Kalam
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.C. Bineesh
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner sought eviction of the respondent from the petition schedule building.
Evidence:
the petitioner is entitled to get an order of eviction as she prayed for.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The document is a lawyer notice sent by the petitioner demanding the arrears of rent and for the respondent to vacate the petition schedule building.
Reference:
Ext.A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This is proof of the dispatch of the Ext.A1 lawyer notice.
Reference:
Ext.A2
Document Type: Returned Cover
Submitted By: Plaintiff
Relevance:
This document shows that the lawyer notice (Ext.A1) was returned unserved.
Reference:
Ext.A3

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 Shamla P.B., Muhammed Asif vs Muhammed Muneer regarding eviction.
Case Code Year
Case between Shamla P.B., Muhammed Asif vs Muhammed Muneer regarding eviction.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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