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R.C.P. No. 34/2021

Case between Sherin M.P. vs N.V. Baiju regarding eviction for non-payment of rent.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-10-21
Duration
approximately-3 years 20 days

Judgement document from eCourt website

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Case Summary

Sherin M.P. filed a petition against N.V. Baiju for eviction due to non-payment of rent. The rent has been in arrears since October 2019, and the petitioner needs the property for her son's office.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction due to the respondent's non-payment of rent and granted possession of the property to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner's bonafide need for the property and the arrears of rent were established without any counter evidence from the respondent.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(v) of the Act with costs. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Plaintiffs

Sherin M.P. (55 years) Parkjash, Kallukadavu Road, Pulinchodu, aluva­683101.

Defendants

N.V. Baiju (Age not specified years) 39/1484A, Kallathiparambil Road, Ernakulam South, Kerala­682 016.

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Petitioner is granted possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(v) of the Act.
Relief Type: Other
Outcome: Granted
Description:
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.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Serves as a formal notice regarding the arrears of rent.
Reference:
Ext.A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Confirms the sending of the lawyer's notice.
Reference:
Ext.A2
Document Type: Lawyer's Notice Returned as Unclaimed
Submitted By: Plaintiff
Relevance:
Indicates that the respondent did not acknowledge the lawyer's notice.
Reference:
Ext.A3

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
85%

Involved Entities

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