Case Summary
Sunilkumar and his wife Santy Sunil petitioned for eviction of Radhakrishnan due to non-payment of rent for a leased property. The court found the petitioners' claims valid and allowed the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent/tenant within 30 days
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction based on the evidence presented, including non-payment of rent and the petitioners' bonafide need for the property.
Why Plaintiff Won:
The petioners established their case with unrebutted oral testimony and lease evidence.
The petioners established their case with unrebutted oral testimony and lease evidence.
Losing Side's Weaknesses:
The petioners established their case with unrebutted oral testimony and lease evidence.
The petioners established their case with unrebutted oral testimony and lease evidence.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1(a), A2 and A4 established their case as pleaded by them.
Judgment Evidence:
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/petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sunilkumar
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Santy Sunil
- Party Age
- 56
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Radhakrishnan
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Copy of the Lease Agreement, Copy of Lawyer’s notice, Original postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sanal K.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners seek eviction of the respondent from the leased property.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- 1. The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the petitions from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petitions from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the leasing terms between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded payment of arrears and initiated the eviction process.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the sending of the lawyer's notice.
Reference:
Ext.A4
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 Sunilkumar et al vs Radhakrishnan regarding eviction under the Kerala Buildings (Lease & Rent Control) Act
Case Code Year
Case between Sunilkumar et al vs Radhakrishnan regarding eviction under the Kerala Buildings (Lease & Rent Control) Act