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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

Judgement document from eCourt website

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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
Why Plaintiff Won:
The unrebutted evidence established the petitioner's bonafide need for the premises.

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

Plaintiffs

Thomas V. Issac (78 years) Valayil House, MTRA-86, Bye Lane-3 Mother Teresa Road, Edappally P.O, Kochi-24

Defendants

Smt. Agnes Thomas (Age not specified years) Thelaklkadan House, House No. 44/2201, St. Antony's Road, Kaloor P.O., Kochi-17 M/s. Elgent (Age not specified years) P.J. Antony Road, Pachalam, Pachalam P.O., Ernakulam

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

Quick Facts

Location
Ernakulam
Case Filed
Thu, 11/14/2019 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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