Case Summary
The case involves Sunilkumar and his wife Santy Sunil, who are seeking eviction of Sheeba Radhakrishnan for non-payment of rent. The petitioners claim that the respondent owes significant rent arrears and that the petition is filed under the Kerala Buildings (Lease and Rent Control) Act 1965.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners established a strong case for arrears of rent and a bonafide need for the property.
The petitioners established a strong case for arrears of rent and a bonafide need for the property.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- i.The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
Sunilkumar (60 years)
Kolappillil House, Ponnurunni, Thammanam P.O., Poonithura Village, Kanayannur Taluk, Ernakulam District, PIN-682032
Santy Sunil (56 years)
Kolappillil House, Ponnurunni, Thammanam P.O., Poonithura Village, Kanayannur Taluk, Ernakulam District, PIN-682032
Defendants
Sheeba Radhakrishnan (47 years)
No. CC.45/8 G, 2nd Floor 'Kolappillil Edifice', Ponnurunni, Vytilla Thammanam Road, Ernakulam, Kerala
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioners are entitled to possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to receive the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease under which the respondent failed to pay rent.
Reference:
Ext. A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Documented notice demanding payment of rent and requesting the respondent to vacate the premises.
Reference:
Ext. A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of communication sent to the respondent regarding the rent arrears.
Reference:
Ext. A4