Case Summary
Sheela George and her son Issac K Daniel filed a petition against Rijas P Abbas for eviction from a rented property. The petitioners allege that the respondent defaulted on rent payments and damaged the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rented premises within one month.
Case Type
RCP
Final Judgment
No
The court allowed the eviction petition filed by the petitioners against the respondent due to default in rent payments and unauthorized business activities. The respondent was directed to vacate the premises within one month.
Why Plaintiff Won:
The evidence presented by the petitioners remained unchallenged, proving their case for eviction.
The evidence presented by the petitioners remained unchallenged, proving their case for eviction.
Losing Side's Weaknesses:
The evidence presented by the petitioners remained unchallenged, proving their case for eviction.
The evidence presented by the petitioners remained unchallenged, proving their case for eviction.
Supporting Evidence
The evidence tendered by PW1 and the documents marked as Ext. A1 to A8 and C1 proves the case of the petitioners. Hence, I find that the petitioners are entitled for the relief as prayed for.
Judgment Evidence:
In the result, petition is allowed with costs as follows: The respondent is directed to surrender the vacant possession of the petition schedule room within one month under Sections 11(2) (b), 11(4) (i), and 11(4) (ii) of the Kerala Buildings (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sheela George
- Party Age
- 74
- Relation
- W/o.Late George Mathew
- Party Role
- Plaintiff
- Party Name
- Issac K Daniel
- Party Age
- 48
- Relation
- S/o. Daniel
- Party Role
- Defendant
- Party Name
- Rijas P Abbas
- Party Age
- 35
- Relation
- S/o. P H Abbas
Plaintiffs Documents
Building Tax receipt dated 26.06.24, Rent Agreement dated 01.08.18, Office copy of lawyer notice dated 25.03.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P T Geevarghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rohan Roy
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the property.
Evidence:
In the result, petition is allowed with costs as follows: The respondent is directed to surrender the vacant possession of the petition schedule room within one month under Sections 11(2)(b), 11(4)(i), and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the petitioners' claim of ownership and possession of the property.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement outlines the terms of the tenancy and rent, relevant to the eviction petition.
Reference:
Ext.A2
Document Type:
Office copy of lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice indicates the formal communication to the respondent regarding the termination of tenancy.
Reference:
Ext.A3
Document Type:
Unclaimed Registered Cover
Submitted By:
Plaintiff
Relevance:
This evidence indicates attempts to communicate with the respondent about the eviction.
Reference:
Ext.A4
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the delivery attempt to the respondent.
Reference:
Ext.A5
Document Type:
Unclaimed Registered Cover
Submitted By:
Plaintiff
Relevance:
Further evidence of attempts to communicate with the respondent.
Reference:
Ext.A6
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery to the respondent's residential address.
Reference:
Ext.A7
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Documents demonstrating the petitioners' outreach efforts to the respondent.
Reference:
Ext.A8 series
Document Type:
Commission report and Photographs
Submitted By:
Court
Relevance:
This report provides evidence of the condition of the property in question.
Reference:
Ext.C1
Case Classification
Case Type
RCP
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Perumbavoor
Common Reasons
Case Code
Case between Sheela George et al vs Rijas P Abbas regarding eviction from rented premises.
Case Code Year
Case between Sheela George et al vs Rijas P Abbas regarding eviction from rented premises.