Case Summary
The case involves T. Muraleedharan Nair, the landlord, seeking eviction of Dileep, the tenant, for default in rent payments. The tenant failed to pay rent arrears of Rs. 1,29,000/- from July 2014 to March 2025.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order and time allowed to pay arrears.
Case Type
Eviction
Final Judgment
No
The court allowed the petition for eviction against Dileep due to failure to pay rent arrears. Dileep is directed to vacate the property within 30 days.
Why Plaintiff Won:
The petitioner proved the default in rent payment and was not challenged by the counter petitioner.
The petitioner proved the default in rent payment and was not challenged by the counter petitioner.
Losing Side's Weaknesses:
The petitioner proved the default in rent payment and was not challenged by the counter petitioner.
The petitioner proved the default in rent payment and was not challenged by the counter petitioner.
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:
The counter petitioner is directed to hand over the vacant possession of the petition schedule building.
Evidence:
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:
Mandatory Injunction
Outcome:
Partly Granted
Description:
The counter petitioner may deposit the arrears of rent to avoid eviction.
Evidence:
The order passed under clause one shall not be executed for a period of one month from today and the tenant/respondent may, within the said period, deposit the arrears of rent Rs.1,29,000/- plus rent arrears till date with interest at 6% per annum.
Relief Type:
Other
Outcome:
Granted
Description:
The 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:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Original rent agreement dated 03/02/2014 shows the counter petitioner agreed to pay monthly rent.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of legal notice dated 25/01/2025 demanding payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt supporting the service of the legal notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card supporting the claim that the counter petitioner received the legal notice.
Reference:
Ext.A4
Case Classification
Case Type
Eviction
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 under Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between T. Muraleedharan Nair vs Dileep regarding eviction under Kerala Building (Lease and Rent Control) Act