Case Summary
Thomas Paul, as the petitioner, is seeking eviction of Afsal N.A., the respondent, from a shop room they have occupied without authorization. The case revolves around arrears of rent and the lack of a renewed lease agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner demonstrated the respondent's failure to pay rent and the necessity for the space.
The petitioner demonstrated the respondent's failure to pay rent and the necessity for the space.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: 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
Thomas Paul (65 years)
40/1101, Chettupuzhakaran House, A.K. Seshadhri road, Kochi-682011
Defendants
Afsal N.A. (35 years)
3110(44/3741), Nellikappilly House, Fouziya Manzil, Deshabimani Road, Near S.I.U.P School, Kaloor P.O., Ernakulam-682 017
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The 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:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Served as evidence of the lease agreement establishing the terms of renting the premises.
Reference:
Ext.A1
Document Type:
Copy of lawyer's notice along with statement of account
Submitted By:
Plaintiff
Relevance:
Documented the demand for payment of arrears and the status of the tenant's payments.
Reference:
Ext.A2
Document Type:
Certification of Ext. A2 u/S 65B of the Indian Evidence Act
Submitted By:
Plaintiff
Relevance:
Provided legal certification of the digital document related to notice.
Reference:
Ext.A2(a)
Document Type:
Original returned postal envelope from the respondent
Submitted By:
Plaintiff
Relevance:
Served as evidence of the communication sent to the respondent.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Included the tenant's response to the demand for payment.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided expert analysis and findings that supported the court's decision.
Reference:
Ext.C1