Case Summary
Mercy Charley is the landlord seeking the eviction of Dhanya C., the tenant, who has not vacated the premises after the lease expired. The petitioner claims the respondent has been in arrears of rent and has refused to leave despite a legal notice and an eviction notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to vacate the premises and hand over possession to the petitioner within 30 days. The court also orders the respondent to pay the costs of the petition.
Why Plaintiff Won:
The unrefuted evidence demonstrated that the rent was in arrears and that the landlord had a bonafide need for the property.
The unrefuted evidence demonstrated that the rent was in arrears and that the landlord had a bonafide need for the property.
Losing Side's Weaknesses:
The unrefuted evidence demonstrated that the rent was in arrears and that the landlord had a bonafide need for the property.
The unrefuted evidence demonstrated that the rent was in arrears and that the landlord had a bonafide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 established her case as pleaded. It shows that the rent is in arrears. The bonafide need was also projected by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows: 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
- Mercy Charley
- Party Age
- 61
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Dhanya C.
- Party Age
- 36
- Relation
- D/o
Plaintiffs Documents
Copy of lawyer’s notice dated 10.05.2022, Certified copy of lease agreement dated 18.07.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Radhakrishna Pillai G.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.A. Shine
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to vacate the premises in favor of the petitioner.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled 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's Notice
Submitted By:
Plaintiff
Relevance:
This document was issued by the petitioner to the respondent regarding eviction.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice is related to the petitioner's claim for eviction.
Reference:
Ext.A6
Document Type:
Legal notice with original A/D
Submitted By:
Plaintiff
Relevance:
This document supports the petitioner's claim regarding the notice served to the respondent.
Reference:
Ext.A7
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending a legal notice.
Reference:
Ext.A8
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This certified copy of the lease agreement establishes the terms of the tenancy.
Reference:
Ext.A9
Document Type:
Plaint in OS 424/2022
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the plaint that was filed by the respondent.
Reference:
Ext.A10
Document Type:
Plaint in OS 890/2022
Submitted By:
Plaintiff
Relevance:
This document is a certified copy of the plaint that was filed by the petitioner.
Reference:
Ext.A11
Document Type:
FIR
Submitted By:
Plaintiff
Relevance:
This document shows the filing of FIR related to the case.
Reference:
Ext.A12
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimony of the petitioner supporting her claims.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mercy Charley vs Dhanya C. regarding eviction from rented property
Case Code Year
Case between Mercy Charley vs Dhanya C. regarding eviction from rented property