Case Summary
T. Muraleedharan Nair, the petitioner, is seeking eviction of Dileep, the counter petitioner, for non-payment of rent. The counter petitioner has defaulted on rent payments since July 2014, leading to this petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order within 30 days unless arrears are paid.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the counter petitioner to vacate the petition schedule building within 30 days. If the counter petitioner pays the arrears within a month, the eviction order will be vacated.
Why Plaintiff Won:
The petitioner proved non-payment of rent through documents and evidence.
The petitioner proved non-payment of rent through documents and evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the petitioner coupled with Ext. A3 postal receipt and Ext.A4 acknowledgment receipt would substantiate the petitioner’s claim.
Judgment Evidence:
In the result, the petition is allowed as follows:- 1.The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T. Muraleedharan Nair
- Party Age
- 59
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dileep
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 03/02/2014, Office copy of legal notice dated 25/01/2025, Postal receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sinu S. Murali
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for eviction of the counter petitioner from the petition schedule building.
Evidence:
The petition is allowed as follows:- The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Counter petitioner must pay the arrears of rent including interest.
Evidence:
The tenant/respondent may, within the said period, deposit the arrears of rent Rs.1,29,000/- (Rupees One Lakh Twenty Nine Thousand only) plus rent arrears till date with interest at 6% per annum and cost of the proceedings in court.
Relief Type:
Other
Outcome:
Granted
Description:
Counter petitioner is liable to pay the costs of the proceedings.
Evidence:
The counter petitioner is also liable to pay the costs of the proceedings.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Proves the rent agreement between the petitioner and counter petitioner.
Reference:
Ext.A1
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Demands payment of arrears and vacant possession of the property.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the delivery of the legal notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the counter petitioner.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between T. Muraleedharan Nair vs Dileep regarding eviction
Case Code Year
Case between T. Muraleedharan Nair vs Dileep regarding eviction