Case Summary
Sunil J Chungath, represented by his mother, sought the eviction of tenant Baiju Y.P. for failure to pay rent. The case revolves around arrears of rent and the terms of the rental agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to surrender vacant possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioner, allowing the eviction of the respondent and ordering him to surrender possession of the property.
Why Plaintiff Won:
The petitioner proved the tenant's default in payment of rent.
The petitioner proved the tenant's default in payment of rent.
Losing Side's Weaknesses:
The petitioner proved the tenant's default in payment of rent.
The petitioner proved the tenant's default in payment of rent.
Supporting Evidence
The evidence of the petitioner shows that the respondent has committed default in paying the monthly rent.
Judgment Evidence:
The petition is allowed and the following orders are issued against the respondent. The respondent/tenant is directed to surrender vacant possession of the petition schedule building to the landlord/petitioner under Section 11(ii)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunil J Chungath
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Alfo Joy
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Baiju Y.P.
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Office Copy of the lawyer notice, Postal A/D card, Reply notice, Duly certified copy of computer generated print of form 26A5 of the petitioner.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Jacob George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vivek George J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- S. Abhilash
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jomy Job
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Siril John
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent/tenant is directed to surrender vacant possession of the petition schedule building.
Evidence:
The petition is allowed and the respondent/tenant is directed to surrender vacant possession of the petition schedule building to the landlord/petitioner under Section 11(ii)(b) of the Act within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The 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:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Executed by the petitioner in favour of PW1.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding the arrears of rent and asking for vacating the petition schedule building.
Reference:
Ext.A2
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer notice by the respondent.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The response from the respondent to the lawyer notice.
Reference:
Ext.A4
Document Type:
Print out of form 26A5
Submitted By:
Plaintiff
Relevance:
To prove the fact that the monthly rent payable by the respondent is Rs. 14,586.
Reference:
Ext.A5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sunil J Chungath vs Baiju Y.P. regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Sunil J Chungath vs Baiju Y.P. regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Flags
Cheque-Related Case
Nature of Cheque Case
Financial liability - dishonoured cheque