Case Summary
K.S. Ali, the petitioner and landlord, seeks eviction of the respondent, Bindhu, for defaulting on rent payments since January 2023. Despite repeated demands, the respondent failed to pay the arrears and did not appear in court when summoned.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction is allowed as the respondent failed to pay rent and did not contest the proceeding. The respondent is ordered to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner's claim was uncontroverted and supported by evidence.
The petitioner's claim was uncontroverted and supported by evidence.
Losing Side's Weaknesses:
The petitioner's claim was uncontroverted and supported by evidence.
The petitioner's claim was uncontroverted and supported by evidence.
Supporting Evidence
In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted and the petitioner is entitled to the relief as prayed for.
Judgment Evidence:
In the result: The petition is allowed u/S 11(2)(b) of the Act as follows: 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.S. Ali
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bindhu
- Relation
- D/o
Plaintiffs Documents
Original Rent Agreement dated 01.07.2022, Tax receipt dated 24.08.2023, Copy of Lawyer notice dated 23.05.2023, Original Acknowledgement card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.M. Mujeebrahiman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sumaiah M. Koya
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner seeks eviction of the respondent from the property.
Evidence:
The petition is allowed u/S 11(2)(b) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner seeks recovery of arrears of rent.
Evidence:
The petition is allowed u/S 11(2)(b) of the Act.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Proves that the petitioner is the owner of the petition schedule building.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demonstrates that the petitioner attempted to notify the respondent about the rent arrears.
Reference:
Ext.A3
Document Type:
Original Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Serves as proof of receipt related to the lawyer's notice.
Reference:
Ext.A4
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 K.S. Ali vs Bindhu regarding eviction and recovery of arrears of rent
Case Code Year
Case between K.S. Ali vs Bindhu regarding eviction and recovery of arrears of rent