Case Summary
This case involves Deepa Mary, the petitioner and landlord, seeking eviction of Sajna and Nizam, the respondents, for non-payment of rent. The respondents have committed defaults in paying rent and have also altered the petition schedule shop rooms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are directed to hand over the vacant possession of petition schedule buildings immediately within 30 days.
Case Type
Eviction Petition
Final Judgment
No
The court has allowed the petition filed by Deepa Mary, ordering the respondents to hand over the vacant possession of the petition schedule building immediately. The respondents have an option to clear the arrears of rent to vacate the eviction.
Why Plaintiff Won:
The evidence provided by the petitioner, including various documents, substantiates her claim for eviction due to non-payment of rent and violation of agreement terms.
The evidence provided by the petitioner, including various documents, substantiates her claim for eviction due to non-payment of rent and violation of agreement terms.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Exts. A1 to A8 would prove that the petitioner is entitled to get vacant possession of the petition schedule building under section 11(2)(b), 11(4)(i) and (ii) of the Act.
Judgment Evidence:
In the result, the petition is allowed as follows:- 1.The respondents are directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Deepa Mary
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sajna
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nizam
- Party Age
- 60
Plaintiffs Documents
Notarized copy of Sale Deed No. 138/2018, Tax Receipt, Building Certificate Door No. 108, Building Certificate Door No. 109 and 110, Certified copy of Rent Agreement, Postal Receipt, Advocate Notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.Sam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Manoj Joseph Andrews
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Neeraja Chandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the respondents from the petition schedule building.
Evidence:
The respondents are directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
Respondents may deposit the arrears to avoid eviction.
Evidence:
The order passed under clause one shall not be executed for a period of one month from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
Further directions for eviction under sections 11(4)(i) and (ii).
Evidence:
The respondents are directed to hand over the vacant possession of petition schedule buildings under section 11(4)(i) and (ii) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is to be reimbursed for the costs of the proceedings.
Evidence:
The respondents are also liable to pay the costs of the proceedings.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the petitioner over the petition schedule building.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the petitioner's claim regarding the property.
Reference:
Ext.A2
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
Demonstrates the condition and status of the property.
Reference:
Ext.A3
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the lease and the agreed rental amount.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Indicates communication regarding the demand for rent arrears.
Reference:
Ext.A5
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Formal demand for the payment of rent arrears.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the advocate notice by the respondent.
Reference:
Ext.A7
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Establishes the petitioner's ownership of the property.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Supports the claims made by the petitioner regarding the property.
Reference:
Ext.C1
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Deepa Mary vs Sajna, Nizam regarding eviction petition under Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Deepa Mary vs Sajna, Nizam regarding eviction petition under Kerala Building (Lease and Rent Control) Act.