Case Summary
Valsala Kumari, the petitioner, is seeking eviction of Susmitha AnilKumar from the rented premises due to non-payment of rent and misuse of property. The petitioner claims that her husband needs the space for their business, while the respondent contests the claims of misuse and non-payment.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction has been allowed based on the grounds of non-payment of rent and the genuine requirement of the petitioner for her business. The respondent is directed to vacate the premises.
Why Plaintiff Won:
The petitioner proved the non-payment of rent and the bona fide need for the premises.
The petitioner proved the non-payment of rent and the bona fide need for the premises.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The landlord-tenant relationship between the petitioner and the respondent is admitted. The respondent failed to produce any reliable documentary evidence to prove payment of rent for the disputed period.
Judgment Evidence:
In the result, the petition is allowed, and an order is passed on the following terms: The respondent is directed to put the petitioner in possession of the petition schedule building U/s 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Valsala Kumari
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Susmitha AnilKumar
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anumod
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Rent Agreement, Advocate Notice, Postal Receipt
Defendants Documents
Power of Attorney, Notice on Pre-closure of Lease Agreement
Advocates
- Party Role
- Plaintiff
- Advocate Name
- S.Suresh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prasanth.S.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner seeks eviction of the respondent from the petition schedule building.
Evidence:
The petitioner is entitled to an order of eviction on that basis.
Relief Type:
Cost of proceedings
Outcome:
Granted
Description:
Petitioner claims cost of the proceedings.
Evidence:
The respondent is liable to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the tenant's obligation to pay monthly rent.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Demanded payment of arrears of rent.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proves receipt of the legal notice by the respondent.
Reference:
Ext.A4
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Interlocutory order related to OS No. 44/2024.
Reference:
Ext.A5
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in IA.01/2024 in OS.44/2024.
Reference:
Ext.A6
Document Type:
Power of Attorney
Submitted By:
Defendant
Relevance:
Establishes representation of the counter petitioner.
Reference:
Ext.B1
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Certified copy of the plaint in OS.44/2024.
Reference:
Ext.B5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Valsala Kumari vs Susmitha AnilKumar regarding eviction
Case Code Year
Case between Valsala Kumari vs Susmitha AnilKumar regarding eviction