Case Summary
The petitioners, Mr. N.M.Sukumaran and Mrs. Vanaja Sukumaran, seek eviction of the respondent, Vishnu P.V., for non-payment of rent and arrears under a licensing agreement. Despite issuing a notice, the respondent failed to appear or respond to the allegations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises and costs awarded to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and ordered the respondent to vacate the premises within 30 days. Costs were also awarded to the petitioner.
Why Plaintiff Won:
The petitioners successfully established their claim with unrebutted testimony and submitted evidence of non-payment.
The petitioners successfully established their claim with unrebutted testimony and submitted evidence of non-payment.
Losing Side's Weaknesses:
The petitioners successfully established their claim with unrebutted testimony and submitted evidence of non-payment.
The petitioners successfully established their claim with unrebutted testimony and submitted evidence of non-payment.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits A1 to A5 established their case as pleaded by them. It shows that the rent is in arrears from the respondent.
Judgment Evidence:
In the result, the petition is allowed u/sec. 11(2)(b) Act with costs as follows:- 1.The respondents/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
- Mr. N.M.Sukumaran
- Party Age
- 70
- Relation
- S/o late P.K.Madhavan
- Party Role
- Plaintiff
- Party Name
- Mrs. Vanaja Sukumaran
- Party Age
- 65
- Relation
- W/o N.M.Sukumaran
- Party Role
- Defendant
- Party Name
- Vishnu P.V.
- Party Age
- 35
- Relation
- S/o. Vijayakosh
Plaintiffs Documents
Original Licence Deed dated 05.01.2024, Lawyer’s notice sent to respondent dated 10.05.2024, Original acknowledgment card dated 14.05.2024, Original cheque No. 026042 of Kerala Grameen Bank, Thiruvananthapuram branch dated 13.01.2024, Original cheque return memo dated 19.03.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Binni Kamal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the premises due to non-payment of rent.
Evidence:
The petition is allowed u/sec. 11(2)(b) Act with costs as follows:- The respondents/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement of the petitioners 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:
Licence Deed
Submitted By:
Plaintiff
Relevance:
Establishes the license agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documents the demand for rent arrears and balance security deposit.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the respondent.
Reference:
Ext.A3
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
The bounced cheque issued by the respondent for the security deposit.
Reference:
Ext.A4
Document Type:
Cheque Return Memo
Submitted By:
Plaintiff
Relevance:
Documents the return of the bounced cheque due to insufficient funds.
Reference:
Ext.A5
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. N.M.Sukumaran et al vs Vishnu P.V. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.
Case Code Year
Case between Mr. N.M.Sukumaran et al vs Vishnu P.V. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour