Case Summary
Prabitha K.V filed a petition against Raju George for eviction from a rented premises due to non-payment of rent and abandonment of the property. The respondent failed to respond and appeared ex parte in the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction and costs of the proceedings
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondent to vacate the rented premises within one month, while also granting the petitioner entitlement to recover costs.
Why Plaintiff Won:
The petitioner provided unchallenged evidence of non-payment of rent and abandonment of the premises.
The petitioner provided unchallenged evidence of non-payment of rent and abandonment of the premises.
Losing Side's Weaknesses:
The petitioner provided unchallenged evidence of non-payment of rent and abandonment of the premises.
The petitioner provided unchallenged evidence of non-payment of rent and abandonment of the premises.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the plaint. He deposed that respondent kept the rent in arrears. He also deposed that the petition schedule room remained closed for more than 6 months. His evidence remains unchallenged.
Judgment Evidence:
In the result, 1) The petitions are allowed u/s.11(2)(b) and 11(4)(v) of Kerala Buildings (Lease and Rent Control) Act. 2) The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Prabitha K.V
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raju George
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Copy of Lease Agreement executed between Prabhitha K.V and Raju George, Copy of Lawyer Notice, Postal Receipt, Unclaimed Cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Arya A.V.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order directing the respondents to surrender vacant possession of the leased room.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Damages
Outcome:
Granted
Description:
Entitlement to costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Relief Type:
Eviction
Outcome:
Not Decided
Description:
Condition for vacating the eviction order based on rent payment.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.29,095/- from 11/8/2024 to 11/02/2025 with interest at the rate of 6% per annum and costs of this proceedings within one month from today, order u/s.11(2)(b) will be vacated.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The document evidences the lease agreement between the petitioner and the respondent, which is central to the eviction request.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice served to the respondent demanding payment of arrears and vacant possession of the premises.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the service of the lawyer notice to the respondent.
Reference:
Ext.A2(a)
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Indicates the delivery status of the lawyer notice sent to the respondent.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Prabitha K.V vs Raju George regarding eviction from rented premises
Case Code Year
Case between Prabitha K.V vs Raju George regarding eviction from rented premises