Case Summary
The petitioner, Dr Anilkumar K Nambiar, is the owner of a property and has filed a petition against the respondent, Mr.Sarath Krishnan, for failure to pay rent. The respondent, despite being duly notified, did not respond to the petitions or attend the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the property within 30 days and pay the costs to the petitioner. The evidence presented established that the rent was in arrears.
Why Plaintiff Won:
The evidence established that the rent is in arrears and that the respondent failed to contest the claims made by the petitioner.
The evidence established that the rent is in arrears and that the respondent failed to contest the claims made by the petitioner.
Losing Side's Weaknesses:
The evidence established that the rent is in arrears and that the respondent failed to contest the claims made by the petitioner.
The evidence established that the rent is in arrears and that the respondent failed to contest the claims made by the petitioner.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 and A3 established the case as pleaded by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) 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
- Dr Anilkumar K Nambiar
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Sarath Krishnan
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Copy of lease agreement dated 25.06.2024, Copy of legal notice dated 06.11.2024, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.Ramkumar Nambiar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Parvathy Vijayan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sibha S.
- Appearance Type
- Assisting Counsel
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 from today.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act.
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:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Copy of lease agreement dated 25.06.2024.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 06.11.2024 issued to the respondent by the petitioner, which shows that the rent is in arrears.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original returned cover with acknowledgment card which was accepted and appreciated in evidence.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Dr Anilkumar K Nambiar vs Mr.Sarath Krishnan regarding rent arrears
Case Code Year
Case between Dr Anilkumar K Nambiar vs Mr.Sarath Krishnan regarding rent arrears