Case Summary
T.H. Abdul Azeez filed a petition against V.S. Salim for eviction due to non-payment of rent. The court found that the respondent defaulted in rent payments despite receiving notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the property.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the premises within 30 days. The petitioner was also awarded the costs.
Why Plaintiff Won:
The petitioner proved the respondent's default in payment of rent.
The petitioner proved the respondent's default in payment of rent.
Losing Side's Weaknesses:
The petitioner proved the respondent's default in payment of rent.
The petitioner proved the respondent's default in payment of rent.
Supporting Evidence
Upon considering the unchallenged oral testimony of PW1 and Ext. A1 and A2, it is evident that the respondent on taking the petition schedule building on rent committed default in paying the monthly rent as referred to above.
Judgment Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.H. Abdul Azeez
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.S. Salim
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice dated 09.07.2020, Postal Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.B. Thankappan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeja K.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.T. Harikumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Dipin Dileep
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- H. Nujumudeen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building and hand over possession to the petitioner.
Evidence:
In these circumstances, it is found that the petitioner proved his case and therefore, he is entitled to get an order of eviction against the respondent under Section 11(2)(b) of the Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was issued by the petitioner seeking payment of rent arrears and vacation of the premises.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of dispatch of the lawyer notice to the respondent.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between T.H. Abdul Azeez vs V.S. Salim regarding eviction under Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between T.H. Abdul Azeez vs V.S. Salim regarding eviction under Kerala Buildings (Lease and Rent Control) Act.