Case Summary
Sheela George and her son Issac K Daniel filed a petition against Rijas P Abbas for eviction from a rented property. The petitioners allege that the respondent defaulted on rent payments and damaged the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rented premises within one month.
Case Type
RCP
Final Judgment
No
Why Plaintiff Won:
The evidence presented by the petitioners remained unchallenged, proving their case for eviction.
The evidence presented by the petitioners remained unchallenged, proving their case for eviction.
Judgment Evidence:
In the result, petition is allowed with costs as follows: The respondent is directed to surrender the vacant possession of the petition schedule room within one month under Sections 11(2) (b), 11(4) (i), and 11(4) (ii) of the Kerala Buildings (Lease and Rent Control) Act.
Parties Involved
Plaintiffs
Sheela George (74 years)
Vettuvelil Puthenpurayil Kallarakkal House, Perumbavoor P O, Perumbavoor Village, Perumbavoor Kara, Kunnathunadu Taluk, Pin:683542
Issac K Daniel (48 years)
Puravakkal House, Kuthukuzhy P O, Kuthukuzhy Village, Kuthukuzhy Kara, Kothamangalam Taluk, Pin:686 691
Defendants
Rijas P Abbas (35 years)
Pereparambil House, Tenant of Shop Room No.PMC-XXI/2493 (Old No. PMC XVI/894), Link Road of PP Road, Perumbavoor P O, Perumbavoor Village, Perumbavoor Kara, Kunnathunadu Taluk, Pin:683 542
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the property.
Evidence:
In the result, petition is allowed with costs as follows: The respondent is directed to surrender the vacant possession of the petition schedule room within one month under Sections 11(2)(b), 11(4)(i), and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the petitioners' claim of ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement outlines the terms of the tenancy and rent, relevant to the eviction petition.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice indicates the formal communication to the respondent regarding the termination of tenancy.
Reference:
Ext.A3
Document Type:
Unclaimed Registered Cover
Submitted By:
Plaintiff
Relevance:
This evidence indicates attempts to communicate with the respondent about the eviction.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the delivery attempt to the respondent.
Reference:
Ext.A5
Document Type:
Unclaimed Registered Cover
Submitted By:
Plaintiff
Relevance:
Further evidence of attempts to communicate with the respondent.
Reference:
Ext.A6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery to the respondent's residential address.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documents demonstrating the petitioners' outreach efforts to the respondent.
Reference:
Ext.A8 series
Document Type:
Commission report and Photographs
Submitted By:
Court
Relevance:
This report provides evidence of the condition of the property in question.
Reference:
Ext.C1