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R.C.P. No. 174/2023

Case between Rakesh Kandath vs P. Anandkumar regarding eviction under the Kerala Buildings (Lease & Rent Control) Act

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-08-06
Duration
approximately-1 year 9 months
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Rakesh Kandath is the owner of an apartment who filed a petition for eviction against his tenant, P. Anandkumar, due to non-payment of rent. The petition was allowed, directing the tenant to vacate the property.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for eviction was allowed, requiring the respondent to vacate the premises due to non-payment of rent. Costs were awarded to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant from the premises.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed, requiring the respondent to vacate the premises due to non-payment of rent. Costs were awarded to the petitioner.
Why Plaintiff Won:
The petitioner established his claim with uncontroverted evidence.
Losing Side's Weaknesses:
The petitioner established his claim with uncontroverted evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A2 established his case as pleaded by him. 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) and 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(2)(b) and 11(3) of the Act within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rakesh Kandath
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
P. Anandkumar
Party Age
59
Relation
S/o
Plaintiffs Documents
Original lease agreement dated 05.11.2022, Copy of lawyer's notice sent to the respondent.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Resmi Nandanan
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Petitioner sought eviction of the respondent from the leased premises.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs.

Documents & Evidence

Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
Original lease agreement dated 05.11.2022 establishing the rental arrangement.
Reference:
Ext.A1
Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
Copy of lawyer's notice sent to the respondent which was returned unserved.
Reference:
Ext.A2
Document Type: Oral Evidence
Submitted By: Unknown
Relevance:
Oral testimony of the petitioner establishing the case.
Reference:

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 Rakesh Kandath vs P. Anandkumar regarding eviction under the Kerala Buildings (Lease & Rent Control) Act
Case Code Year
Case between Rakesh Kandath vs P. Anandkumar regarding eviction under the Kerala Buildings (Lease & Rent Control) Act

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 11/05/2022 - 12:00
Case Closed
From
Thu, 08/01/2024 - 12:00
To
Sat, 08/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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