Case Summary
The case involves Sunilkumar and his wife Santy Sunil, who are seeking eviction of Sheeba Radhakrishnan for non-payment of rent. The petitioners claim that the respondent owes significant rent arrears and that the petition is filed under the Kerala Buildings (Lease and Rent Control) Act 1965.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondent to vacate the premises due to the failure to pay rent. The petitioners were also awarded costs.
Why Plaintiff Won:
The petitioners established a strong case for arrears of rent and a bonafide need for the property.
The petitioners established a strong case for arrears of rent and a bonafide need for the property.
Losing Side's Weaknesses:
The petitioners established a strong case for arrears of rent and a bonafide need for the property.
The petitioners established a strong case for arrears of rent and a bonafide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1(a), A2 and A4 established their case as pleaded by them. It shows that the rent is in arrears as claimed by the petitioners. The bonafide need was also projected by the petitioners for conducting the business of hardware by the 2nd floor in the petition schedule property.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- i.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
- Sheeba Radhakrishnan
- Party Age
- 47
- Relation
- W/o
Plaintiffs Documents
Copy of the Lease Agreement dated 01.01.2024, Copy of Lawyer’s notice dated 25.12.2024, Original postal receipt dated 28.12.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sanal K.M.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioners are entitled to possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioners in possession of the petition schedule building within 30 days.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to receive the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease under which the respondent failed to pay rent.
Reference:
Ext. A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Documented notice demanding payment of rent and requesting the respondent to vacate the premises.
Reference:
Ext. A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of communication sent to the respondent regarding the rent arrears.
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 Sheeba Radhakrishnan regarding eviction for rent arrears
Case Code Year
Case between Sunilkumar et al vs Sheeba Radhakrishnan regarding eviction for rent arrears