Case Summary
The petitioners, Ms. Rosamma John and Mr. T.M. John, are seeking eviction of their tenant, Divya C.S, from their property for personal use due to health reasons and missed rent payments. The tenant disputes the claims and argues that she has maintained her tenancy and the property.
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 court allowed the petition for eviction of the tenant from the disputed property after considering the lack of evidence from the respondent and the petitioners' genuine need for the property.
Why Plaintiff Won:
The court found the petitioners' claim to be uncontroverted.
The court found the petitioners' claim to be uncontroverted.
Losing Side's Weaknesses:
The court found the petitioners' claim to be uncontroverted.
The court found the petitioners' claim to be uncontroverted.
Supporting Evidence
The unrebutted oral testimony of PW1 and exhibits A4 and A5 established their case... Though the rent control petition is also filed under section 11(8) of the Act, due to absence of pleadings and requirements under the Act for the need for additional accommodation, the prayer sought under section 11(8) of the Act cannot be considered and allowed.
Judgment Evidence:
In the result, the petition is allowed u/sec. 11(2)(b) and 11(3) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ms. Rosamma John
- Party Age
- 72
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Mr. T.M. John
- Party Age
- 81
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Divya C.S
- Relation
- W/o
Plaintiffs Documents
Rent agreement dated 20.04.2021, Rent agreement dated 25.09.2022, Rent agreement dated 09.06.2023, Legal notice dated 18.12.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Raghul Sudheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shaheer A.J
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to costs of the petition.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Documents related to the tenancy agreement between the petitioners and the respondent.
Reference:
Ext.A1, Ext.A2, Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
An original acknowledgment card tendered in evidence to confirm communication with the respondent.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A legal notice sent to the respondent regarding the payment of arrears and eviction.
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 Ms. Rosamma John et al vs Divya C.S regarding eviction under Kerala Buildings (Lease & Rent Control) Act.
Case Code Year
Case between Ms. Rosamma John et al vs Divya C.S regarding eviction under Kerala Buildings (Lease & Rent Control) Act.
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour