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R.C.P. No. 146/2024

Case between V.J. Antony vs Jaison Kurian regarding non-payment of rent

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR.
Order Date
2025-05-19
Duration
approximately-1 year 3 months 6 days

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

V.J. Antony, the owner and landlord, filed a petition against Jaison Kurian, the tenant, for not paying rent and vacating the leased property. The tenant defaulted on payments and ceased to occupy the leased room, prompting the landlord to seek eviction.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition, ordering the tenant to vacate the premises and pay the costs of the petition. The request for eviction was granted due to non-payment of rent and failure to occupy the leased property.
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The unrebutted evidence demonstrated that the tenant failed to pay the rent and neglected to occupy the premises without reasonable cause.

Judgment Evidence:

In the result, the petition is allowed u/s 11(2)(b) and 11(4)(v) 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

Plaintiffs

V.J. Antony (71 years years) Valluvassery, Navam Villa, Water Front Road, Chilavannoor, Elamkulam, Kochi - 682020

Defendants

Jaison Kurian (55 years years) JK tools, Room No: 54/3224(Old No:461/7A) of Cochin Corporation, Valluvassery Mega Square, Kaloor-Kadavanthara Road, Kadavanthara, Cochin-682020

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
The tenant is directed to put the landlord in possession of the petition schedule building.
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: Costs
Outcome: Granted
Description:
The 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: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document was issued to the respondent to demand payment of the rent arrears.
Reference:
Ext.A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
This document supports the claim of sending the lawyer's notice to the respondent.
Reference:
Ext.A2
Document Type: Unclaimed Returned Postal Cover
Submitted By: Plaintiff
Relevance:
This document indicates that the notice sent to the respondent was unclaimed.
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
This document was accepted and appreciated in evidence, providing factual support for the case.
Reference:
Ext.C1

Quick Facts

Location
Ernakulam
Case Filed
Tue, 02/13/2024 - 12:00
Outcome Confidence
90%

Involved Entities

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