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R.C.P. No. 22/2019

Case between Thomas V. Issac vs Smt. Agnes Thomas regarding eviction of tenant

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2024-11-14
Duration
approximately-6 years 5 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Thomas V. Issac, the petitioner, is the owner of a building that Agnes Thomas, the respondent, is renting for business purposes. Due to non-payment of rent, Thomas is seeking an order to vacate the premises to establish a dental hospital.

Judgment Outcome

Plaintiff Won
Interim Order
The court has allowed the petition filed by Thomas V. Issac, ordering Agnes Thomas to vacate the premises within 30 days and to pay the costs incurred in the petition.
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant 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
The court has allowed the petition filed by Thomas V. Issac, ordering Agnes Thomas to vacate the premises within 30 days and to pay the costs incurred in the petition.
Why Plaintiff Won:
The unrebutted evidence established the petitioner's bonafide need for the premises.
Losing Side's Weaknesses:
The unrebutted evidence established the petitioner's bonafide need for the premises.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 and A3 established his case as pleaded by him. The bonafide need was projected by the petitioner. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted.

Judgment Evidence:

In the result: The petition is allowed u/s 11(3) of the Act as follows: 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Thomas V. Issac
Party Age
78
Relation
S/o
Party Role
Defendant
Party Name
Smt. Agnes Thomas
Relation
W/o
Party Role
Defendant
Party Name
M/s. Elgent
Plaintiffs Documents
Copy of Lawyer's notice dated 11.09.2018, Original lease agreement dated 01.06.2017
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Shiju Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sai Rasmi C.V.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rakesh Venugopal C.
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Shaji Chirayath
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jiji M. Varkey
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
G. Savitha
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
M.M Shajahan
Appearance Type
Assisting Counsel

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(3) of the Act 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 realize costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realize costs of the petition from the respondent.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document was filed in support of the petitioner's claim to terminate the lease agreement.
Reference:
Ext.A2
Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
This original lease agreement was marked as evidence to establish the terms of the rental arrangement.
Reference:
Ext.A3

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 Thomas V. Issac vs Smt. Agnes Thomas regarding eviction of tenant
Case Code Year
Case between Thomas V. Issac vs Smt. Agnes Thomas regarding eviction of tenant

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 11/14/2019 - 12:00
Case Closed
From
Fri, 11/01/2024 - 12:00
To
Sat, 11/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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