Case Summary
The petitioners, Asha Jose and Jose Mathew, are seeking eviction of the respondent, Livya Maria Wilson, for failure to pay rent and other charges. The court found that the respondent was in arrears and allowed the petition for eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner is entitled to possession of the apartment within 30 days and costs of the petition.
Case Type
RCP
Final Judgment
No
The court allowed the petition for eviction due to non-payment of rent. The respondent was directed to vacate the premises within 30 days.
Why Plaintiff Won:
The court established that the respondent defaulted on rent payments and failed to respond to the summons.
The court established that the respondent defaulted on rent payments and failed to respond to the summons.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established petitioners case as pleaded by them. The bonafide need was projected by the petitioners.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 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
Parties
- Party Role
- Plaintiff
- Party Name
- Asha Jose
- Party Age
- 54
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jose Mathew
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Livya Maria Wilson
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Office copy of Lawyer's notice dated 31.07.2024, original postal envelope returned as unclaimed.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Annie
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A.R.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the landlord/petitioner 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:
Other
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:
Office copy of lawyer's notice regarding rent arrears and other charges.
Reference:
Ext.A1
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
Original postal envelope returned as unclaimed.
Reference:
Ext.A2
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
Postal envelope containing notice returned unclaimed at the respondent's permanent address.
Reference:
Ext.A3
Case Classification
Case Type
RCP
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Asha Jose vs Livya Maria Wilson regarding rent arrears and eviction
Case Code Year
Case between Asha Jose vs Livya Maria Wilson regarding rent arrears and eviction