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R.C.P. No. 17/2024

Case between Vidya C. Balakrishnan vs Annie regarding rent arrears and possession of property

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2024-08-09
Duration
approximately-6 years 4 months
Case Closed
Fri, 08/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, Vidya C. Balakrishnan, is seeking possession of a property leased to the respondent, Annie, who has failed to pay rent. The petitioner requires the property for her own use after the lease expires.

Judgment Outcome

Plaintiff Won
Interim Order
The petition was allowed, directing the respondent to vacate the premises and hand over possession to the petitioner within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Permission to recover possession of the property and costs of the petition
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the premises and hand over possession to the petitioner within 30 days.
Why Plaintiff Won:
The court found the petitioner's claims regarding non-payment of rent and need for the property to be substantiated.
Losing Side's Weaknesses:
The court found the petitioner's claims regarding non-payment of rent and need for the property to be substantiated.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A4 established her case as pleaded by her.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Vidya C. Balakrishnan
Party Age
47
Relation
W/o
Party Role
Defendant
Party Name
Annie
Party Age
65
Relation
W/o
Plaintiffs Documents
Original Agreement dated 04.04.2018, Original Agreement dated 03.04.2023, Copy of lawyer's notice dated 02.01.2024
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Renjith B. Marar
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Keshavraj Nair
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Arun Poomulli
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Lakshmi N. Kaimal
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rajkumar
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Preetha S. Chandran
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Anand Remesh
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Abhijith Sreekumar
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Abhiram S. Pillai
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Rekha C.R.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Gaadha suresh
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Viswanath Jayan
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Petitioner is granted possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs.
Relief Type: Costs
Outcome: Granted
Description:
Petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.

Documents & Evidence

Document Type: Original agreement
Submitted By: Plaintiff
Relevance:
Original agreement dated 04.04.2018 establishing the lease agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type: Original agreement
Submitted By: Plaintiff
Relevance:
Original agreement dated 03.04.2023 detailing the terms of the updated lease agreement.
Reference:
Ext.A2
Document Type: Statement of Account
Submitted By: Plaintiff
Relevance:
Statement of account along with certification showing the rent payments made from 16.05.2018 to 30.11.2023.
Reference:
Ext.A3
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of the lawyer's notice dated 02.01.2024 which demanded payment of arrears of rent.
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 Vidya C. Balakrishnan vs Annie regarding rent arrears and possession of property
Case Code Year
Case between Vidya C. Balakrishnan vs Annie regarding rent arrears and possession of property

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 04/04/2018 - 12:00
Case Closed
Fri, 08/09/2024 - 12:00
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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