Case Summary
The petitioners, T.U. Rooban and Binu Rooban, are seeking possession of their property from the respondent Boban.P.V due to non-payment of rent. The respondent has accumulated arrears of rent amounting to Rs. 23,000.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners established their claim of non-payment of rent through uncontradicted testimony and evidence.
The petitioners established their claim of non-payment of rent through uncontradicted testimony and evidence.
Judgment Evidence:
In the result, 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.
Parties Involved
Plaintiffs
T.U. Rooban (5 years)
Thazhathukalam House, Neelamperoor village, Kottayam District
Binu Rooban (Age not specified years)
Thazhathukalam House, Neelamperoor village, Kottayam District
Defendants
Boban.P.V (42 years)
R.B Homes, Door no. 38/627-C1, Arayanateparambu, Vattekkunnam, Punjathazhathu road Edappally North P.O., Pin-682024, Kanayanoor Taluk, Ernakulam District
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Ordered the respondent to vacate and deliver possession of the property to the petitioners.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Cost
Outcome:
Granted
Description:
Allowed the petitioners to recover costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rental agreement
Submitted By:
Plaintiff
Relevance:
Filed to establish the tenancy and terms of rent.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the attempts to notify the respondent about the rent arrears.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Shown to confirm the sending of legal notices.
Reference:
Ext.A3
Document Type:
Original returned cover with acknowledgement card
Submitted By:
Plaintiff
Relevance:
Provided evidence of the unclaimed notice sent to the respondent.
Reference:
Ext.A4