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
The court allowed the petition, directing the respondent to vacate the premises within 30 days and awarded costs to the petitioners.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established their case as pleaded by them. It shows that the rent is in arrears.
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
Parties
- Party Role
- Plaintiff
- Party Name
- T.O.Xavier
- Party Age
- 75
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Molly Xavier
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Ismail.P
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Original license agreement dated 12.09.2023, Copy of legal notice dated 18.06.2024, Original returned postal envelope with acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.K. Balachandran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.M.Biju
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- N.D.Deepa
- Appearance Type
- Main Counsel
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
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 T.O.Xavier et al vs Ismail.P regarding defaulted rent payments
Case Code Year
Case between T.O.Xavier et al vs Ismail.P regarding defaulted rent payments