Case Summary
Sherin M.P. filed a petition against N.V. Baiju for eviction due to non-payment of rent. The rent has been in arrears since October 2019, and the petitioner needs the property for her son's office.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the respondent's non-payment of rent and granted possession of the property to the petitioner.
Why Plaintiff Won:
The petitioner's bonafide need for the property and the arrears of rent were established without any counter evidence from the respondent.
The petitioner's bonafide need for the property and the arrears of rent were established without any counter evidence from the respondent.
Losing Side's Weaknesses:
The petitioner's bonafide need for the property and the arrears of rent were established without any counter evidence from the respondent.
The petitioner's bonafide need for the property and the arrears of rent were established without any counter evidence from the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established her case as pleaded by her. The bonafide need was projected by the petitioner. It is seen that the rent is also in arrears.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(v) of the Act with costs. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherin M.P.
- Party Age
- 55
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- N.V. Baiju
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice dated 04.12.2020, Original postal receipt dated 04.12.2024, Copy of lawyer's notice returned as unclaimed dated 08.12.2020.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rejagopalan A.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- R. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.N. Manmadan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asher Revi Job
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sojo J. Kallidukkil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner is granted possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b), 11(3) and 11(4)(v) of the Act.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to get the 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:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Serves as a formal notice regarding the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirms the sending of the lawyer's notice.
Reference:
Ext.A2
Document Type:
Lawyer's Notice Returned as Unclaimed
Submitted By:
Plaintiff
Relevance:
Indicates that the respondent did not acknowledge the lawyer's notice.
Reference:
Ext.A3
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 Sherin M.P. vs N.V. Baiju regarding eviction for non-payment of rent.
Case Code Year
Case between Sherin M.P. vs N.V. Baiju regarding eviction for non-payment of rent.