Case Summary
The petitioners, who are a husband and wife, are seeking possession of their apartment from the respondents who are defaulting on rent. The petitioners need the apartment for their own occupation and the respondents have refused to vacate despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of the petition schedule building within 30 days
Case Type
Rent Control
Final Judgment
No
Why Plaintiff Won:
The petitioners established their case with unrebutted oral testimony and documentary evidence.
The petitioners established their case with unrebutted oral testimony and documentary evidence.
Judgment Evidence:
In the result, The petition is allowed u/s 11(3) of the Act with costs as follows:- 1. 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
Vineeth Mathew (48 years)
A-107, Surbacon Maple, Chikkanayakanahalli, Sarjapur road, Carmelaram P.O., Banglaore-560035
Serina Elizabeth Jacob (44 years)
A-107, Surbacon Maple, Chikkanayakanahalli, Sarjapur road, Carmelaram P.O., Banglaore-560035
Rachel Raju (76 years)
44/1952, Vattukalathil house, Desabhimani road, Kaloor, PIN-682017
Defendants
Jayasankar P.R. (43 years)
3U, 3rd floor, tower 3, D.D. platinum planet, Pipe line road, Kaloor Post, PIN-682017
Aparna Jayasankar (40 years)
3U, 3rd floor, tower 3, D.D. platinum planet, Pipe line road, Kaloor Post, PIN-682017
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Evidence:
In the result, The petition is allowed u/s 11(3) 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.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Sale Deed No. 3728/2009 dated 11.12.2009 of SRO Ernakulam establishing ownership of the petitioners.
Reference:
Ext.A1
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
Printout of email dated 08.04.2024 issued by the 3rd petitioner to the 1st respondent regarding rent payment.
Reference:
Ext.A2
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Copy of letter dated 19.07.2024 issued by the 3rd petitioner to the 1st respondent regarding rent payment demands.
Reference:
Ext.A3