Case Summary
Demina Varghese filed a petition for eviction against Neduparambil Credit Syndicate for defaulting on rent payments. The respondent was absent and the case proceeded as ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule room.
Case Type
Eviction
Final Judgment
No
The court allowed the eviction petition, ordering the respondent to surrender the vacant possession of the petition schedule room. The respondent was also required to pay the arrears of rent within one month.
Why Plaintiff Won:
The evidence presented was unchallenged, indicating that the petitioner was entitled to the relief sought.
The evidence presented was unchallenged, indicating that the petitioner was entitled to the relief sought.
Losing Side's Weaknesses:
The evidence presented was unchallenged, indicating that the petitioner was entitled to the relief sought.
The evidence presented was unchallenged, indicating that the petitioner was entitled to the relief sought.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext. A1 to A9 stands unchallenged. No contra evidence adduced.
Judgment Evidence:
In the result, petition is allowed with costs as follows: The respondent is directed to surrender the vacant possession of the petition schedule room under Sec. 11(2) (b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Demina Varghese
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Neduparambil Credit Syndicate
- Relation
- represented by
Plaintiffs Documents
Copy of sale deed No.600/2007, Copy of the lease agreement dated 16.01.2024, Office copy of the lawyer notice dated 20.05.2024, Postal receipt dated 27.05.2024, Acknowledgment card dated 29.05.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.T. Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rohan Roy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjay S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition schedule room.
Evidence:
In the result, petition is allowed with costs as follows: The respondent is directed to surrender the vacant possession of the petition schedule room under Sec. 11(2) (b) of the Kerala Building (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the ownership of the petitioner over the petition schedule room.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document details the rental terms under which the respondent occupied the petition schedule room.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document serves as formal notification to the respondent about the termination of the rent arrangement.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document provides proof of sending the lawyer notice to the respondent.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document is evidence of receipt related to the lawyer notice.
Reference:
Ext.A5
Document Type:
Unserved Registered Cover
Submitted By:
Plaintiff
Relevance:
These documents indicate attempts to serve notice that were not successful.
Reference:
Ext.A6 and Ext.A7
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
These documents provide evidence of the publication intended to notify the respondent about the proceedings.
Reference:
Ext.A8 and Ext.A9
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Non-payment of rent
Case Code
Case between Demina Varghese vs Neduparambil Credit Syndicate regarding eviction
Case Code Year
Case between Demina Varghese vs Neduparambil Credit Syndicate regarding eviction
Case Flags
Imprisonment Involved
Arrest Involved