Case Summary
Mr Biju Augustine, the petitioner, is seeking possession of rental property from Mrs Nawfiya J.N, the respondent, due to non-payment of rent and other dues. The respondent has failed to vacate the premises despite a notice and significant arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate property and pay costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises within 30 days and recognizing the petitioner's right to claim costs.
Why Plaintiff Won:
Evidence of arrears and lack of response from the respondent supported the petitioner's claim.
Evidence of arrears and lack of response from the respondent supported the petitioner's claim.
Losing Side's Weaknesses:
Evidence of arrears and lack of response from the respondent supported the petitioner's claim.
Evidence of arrears and lack of response from the respondent supported the petitioner's claim.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A4 established his case as pleaded by him. It shows that the rent is in arrears. 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 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
- Mr Biju Augustine
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs Nawfiya J.N
- Relation
- D/o
Plaintiffs Documents
Rent agreement dated 10.12.2021, Lawyer's notice dated 09.04.2024, Original postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Raju Joseph
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sindhu R.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent 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 as follows: The respondent 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 realize costs of the suit from the respondent.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Copy of rent agreement dated 10.12.2021 marked subject to proof. But since no foundation for secondary evidence was laid on, it was rejected.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 09.04.2024 marked in support of the case.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Original postal receipts (2 nos) marked in evidence.
Reference:
Ext.A3
Document Type:
Unclaimed Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Original unclaimed lawyer's notice by the respondent admitted and marked in evidence.
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 Mr Biju Augustine vs Mrs Nawfiya J.N regarding rental arrears and possession
Case Code Year
Case between Mr Biju Augustine vs Mrs Nawfiya J.N regarding rental arrears and possession