Case Summary
Jojo Paul, the landlord, filed a petition against Maya Prasanth, the tenant, seeking eviction due to non-payment of rent. The tenant defaulted on rent payments since January 2023, leading to accumulated arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of tenant from the shop room
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the tenant to vacate the premises within 30 days. The landlord was also granted the costs of the petition.
Why Plaintiff Won:
The petitioner established the claim of unpaid rent and failure to occupy the premises.
The petitioner established the claim of unpaid rent and failure to occupy the premises.
Losing Side's Weaknesses:
The petitioner established the claim of unpaid rent and failure to occupy the premises.
The petitioner established the claim of unpaid rent and failure to occupy the premises.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts.A1 and A2 established his case as pleaded by him. It shows that the rent is in arrears as claimed by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(4)(v) of the Act 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
- Jojo Paul
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Maya Prasanth
- Relation
- W/o
Plaintiffs Documents
Copy of Lawyer's notice dated 05.04.2024, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jose Kuriakose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.A. Rajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Gijeesh Prakash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anila Peter
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the premises and hand over possession to the petitioner.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(4)(v) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to recover 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:
Support for the claim of rent arrears and eviction.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of the lawyer's notice.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Court
Relevance:
Testimony of the petitioner established the claim.
Reference:
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 Jojo Paul vs Maya Prasanth regarding eviction for non-payment of rent
Case Code Year
Case between Jojo Paul vs Maya Prasanth regarding eviction for non-payment of rent