Case Summary
The petitioner, Narayanan K.C., owns a property in Ernakulam and has filed for eviction against his tenant, Abdul Jabbar K.M., for non-payment of rent. The respondent defaulted on rent payments since September 2022 and has not vacated the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant from the property
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the tenant to vacate the property within 30 days. The petitioner is also entitled to recover the costs of the petition from the respondent.
Why Plaintiff Won:
The petitioner proved his case and the need projected is not malafide.
The petitioner proved his case and the need projected is not malafide.
Losing Side's Weaknesses:
The petitioner proved his case and the need projected is not malafide.
The petitioner proved his case and the need projected is not malafide.
Supporting Evidence
A perusal of the evidence of the petitioner and the fact that the same remains unchallenged, I am of the considered view that the petitioner has been able to prove his case.
Judgment Evidence:
The petition is allowed u/S 11(2)(b), 11(3) and 11(4)(ii) with costs as follows. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(ii)(b), 11(3) and 11(4)(ii) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Narayanan K.C.
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Jabbar K.M.
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 01.12.2020, lawyer's notice dated 28.12.2023, postal receipt dated 28.12.2023, acknowledgment card of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Arun Bose
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anitha K.J.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the A schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(ii)(b), 11(3) and 11(4)(ii) of the Act within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the terms of the rental agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent to the respondent demanding payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of mailing the lawyer's notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the lawyer's notice by the respondent.
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 Narayanan K.C. vs Abdul Jabbar K.M. regarding eviction and rent arrears
Case Code Year
Case between Narayanan K.C. vs Abdul Jabbar K.M. regarding eviction and rent arrears