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R.C.P. No. 34/2021

Case between Sherin M.P. vs N.V. Baiju regarding eviction for non-payment of rent.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-10-21
Duration
approximately-3 years 20 days
Case Closed

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
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.
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.
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.
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.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Case Closed
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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