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
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.
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.
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