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
The court allowed the petition, directing the respondent to vacate the property and hand it over to the petitioners within 30 days. The petitioners are also entitled to costs associated with the petition.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A4 established his case as pleaded by him. It shows that the rent is in arrears.
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
Parties
- Party Role
- Plaintiff
- Party Name
- T.U. Rooban
- Party Age
- 5
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Binu Rooban
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Boban.P.V
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 10.08.2022, Copy of lawyer's notice dated 07.11.2023, Original postal receipt dated 17.11.2023, Original returned cover with acknowledgement card dated 15.11.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Lovely K.S.
- Appearance Type
- Main Counsel
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
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.U. Rooban et al vs Boban.P.V regarding non-payment of rent
Case Code Year
Case between T.U. Rooban et al vs Boban.P.V regarding non-payment of rent