Case Summary
Issac Peter has filed a petition for eviction against Ayinul Abeed P.A. for default in payment of rent. The respondent has failed to pay the rent despite multiple demands from the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
R.C.P.
Final Judgment
No
The petition for eviction has been allowed, and the respondent is ordered to put the petitioner in possession of the property within 30 days.
Why Plaintiff Won:
The respondent committed default in paying the monthly rent and has accumulated arrears.
The respondent committed default in paying the monthly rent and has accumulated arrears.
Losing Side's Weaknesses:
The respondent committed default in paying the monthly rent and has accumulated arrears.
The respondent committed default in paying the monthly rent and has accumulated arrears.
Supporting Evidence
Upon considering the oral testimony of PW1 and also Ext. A1 to A7, it is evident that after taking the petition schedule building on rent, the respondent has committed default in paying the monthly rent.
Judgment Evidence:
In the result, the petition is allowed with costs as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(ii)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Issac Peter
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayinul Abeed P.A.
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Office copy of lawyer notice dated 21/05/2019, Reply notice dated 15/06/2019, Office copy of lawyer notice dated 19/06/2019, Office copy of lawyer notice dated 24/09/2020, Reply notice dated 06/10/2020, Office copy of communication dated 19/10/2020, Office copy of lawyer notice dated 31/03/2020, A/D card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Amal George Mevada
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Raynold Fernandez N.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Frijo K. Sundaram
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aravind Ajith
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Ordered the respondent to vacate the petition schedule building.
Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(ii)(b) of the Act within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitled the petitioner to recover costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanded the payment of the arrears of rent.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response to the lawyer notice issued by the plaintiff.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sought payment of arrears of rent after the respondent continued to default.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanded the payment of arrears of rent with interest.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Offered a payment plan in response to the plaintiff's notice.
Reference:
Ext.A5
Document Type:
Office Copy of Communication
Submitted By:
Plaintiff
Relevance:
Document regarding the communication of payment arrangement.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanded payment of further arrears of rent.
Reference:
Ext.A7
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the lawyer notice sent.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document submitted by the Advocate Commissioner regarding possession.
Reference:
Ext.C1
Case Classification
Case Type
R.C.P.
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Issac Peter vs Ayinul Abeed P.A. regarding eviction
Case Code Year
Case between Issac Peter vs Ayinul Abeed P.A. regarding eviction
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour