Case Summary
Thomson Bastin, the petitioner, is seeking eviction of Elizabeth Deena George, the respondent, for non-payment of rent and misuse of the rented property. The respondent admitted to the rental agreement but failed to pay the arrears owed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and payment of Rs. 2,75,000/- in rent arrears
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the building and pay the outstanding rent. The court recognized the evidence showing that rent was in arrears.
Why Plaintiff Won:
The petitioner provided unrebutted evidence regarding the non-payment of rent and misuse of the property.
The petitioner provided unrebutted evidence regarding the non-payment of rent and misuse of the property.
Losing Side's Weaknesses:
The petitioner provided unrebutted evidence regarding the non-payment of rent and misuse of the property.
The petitioner provided unrebutted evidence regarding the non-payment of rent and misuse of the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A2 established the case as pleaded by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) of the Act with costs. 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
- Thomson Bastin
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Elizabeth Deena George
- Party Age
- 30
- Relation
- D/o
Plaintiffs Documents
Copy of Lawyer’s notice dated 25.10.2024, Reply notice dated 08.11.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob Chacko
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mathews Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Rajaraja Varma
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Joseph Ittan Kulangara
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Binu Paul Nettoor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Stejo K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the Petition Schedule Building.
Evidence:
The petition is allowed u/s 11(2)(b) 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:
Recovery
Outcome:
Granted
Description:
Recovery of the rent arrears amounting to Rs. 2,75,000/- along with interest.
Evidence:
The petitioner is entitled to the relief as prayed for.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Served to demand payment of rent arrears.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's acknowledgment of the tenancy and outstanding rent.
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 Thomson Bastin vs Elizabeth Deena George regarding rental arrears and eviction
Case Code Year
Case between Thomson Bastin vs Elizabeth Deena George regarding rental arrears and eviction