Case Summary
The petitioners, T.O.Xavier and Molly Xavier, are landlords seeking possession of a building from the respondent, Ismail.P, due to unpaid rent. The respondent defaulted on rent payments, accumulating significant arrears and failing to respond to legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate the building within 30 days
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners' evidence of unpaid rent and the respondent's failure to present a defense supported their claim.
The petitioners' evidence of unpaid rent and the respondent's failure to present a defense supported their claim.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 12(3) of the Act with costs as follows:- 1. The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Plaintiffs
T.O.Xavier (75 years)
10 B, Purava Oceana Marive Drive, Kochi-18, Ernakulam
Molly Xavier (68 years)
10 B, Purava Oceana Marive Drive, Kochi-18, Ernakulam
Defendants
Ismail.P (51 years)
No.1/72, Payyampally, Chakkad P.O., Pin- 670 703, Kannur District having office at Volga Computers Academy, 64/243, Lisie Hospital Road, Thelekadan Arcade, Kochi-682018
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the petitioners in possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 12(3) of the Act with costs...
Relief Type:
Other
Outcome:
Refused
Description:
Relief No.2 sought for is beyond the jurisdiction of this rent control court.
Evidence:
Since relief No.2 sought for is beyond the jurisdiction of this rent control court, it is declined.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of communication regarding the default in rent payments.
Reference:
Ext.A2
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
Demonstrates the unsuccessful attempt to deliver the legal notice to the respondent.
Reference:
Ext.A3