Case Summary
V.J. Antony, the owner and landlord, filed a petition against Jaison Kurian, the tenant, for not paying rent and vacating the leased property. The tenant defaulted on payments and ceased to occupy the leased room, prompting the landlord to seek eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, ordering the tenant to vacate the premises and pay the costs of the petition. The request for eviction was granted due to non-payment of rent and failure to occupy the leased property.
Why Plaintiff Won:
The unrebutted evidence demonstrated that the tenant failed to pay the rent and neglected to occupy the premises without reasonable cause.
The unrebutted evidence demonstrated that the tenant failed to pay the rent and neglected to occupy the premises without reasonable cause.
Losing Side's Weaknesses:
The unrebutted evidence demonstrated that the tenant failed to pay the rent and neglected to occupy the premises without reasonable cause.
The unrebutted evidence demonstrated that the tenant failed to pay the rent and neglected to occupy the premises without reasonable cause.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 and Ext. C1 series established his case as pleaded by him. It shows that the rent is in arrears. Also it reflects that the tenated premises is ceased to occupy by the respondent continuously without any reasonable cause for over 6 months.
Judgment Evidence:
In the result, the petition is allowed u/s 11(2)(b) and 11(4)(v) of the Act with costs as follows:- 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
- V.J. Antony
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaison Kurian
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer’s Notice, Postal Receipt, Unclaimed returned postal cover.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.M Sajan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jose Paul
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sidharth S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The tenant is directed to put the landlord in possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building 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:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was issued to the respondent to demand payment of the rent arrears.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim of sending the lawyer's notice to the respondent.
Reference:
Ext.A2
Document Type:
Unclaimed Returned Postal Cover
Submitted By:
Plaintiff
Relevance:
This document indicates that the notice sent to the respondent was unclaimed.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was accepted and appreciated in evidence, providing factual support for the case.
Reference:
Ext.C1
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 V.J. Antony vs Jaison Kurian regarding non-payment of rent
Case Code Year
Case between V.J. Antony vs Jaison Kurian regarding non-payment of rent