Case Summary
Al Shine Fine Restaurants LLP and its partner Siddique Meethalakath are the petitioners seeking eviction of Vishnu Satheesh for non-payment of rent. The counter petitioner, who has failed to vacate the premises despite arrears, was declared ex-parte in the proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The Counter petitioner is directed to vacate the premises and hand over possession within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the counter petitioner's non-payment of rent and declared him ex-parte for failing to contest the claims made by the petitioners.
Why Plaintiff Won:
The petitioner established non-payment of rent through documents and proof affidavits.
The petitioner established non-payment of rent through documents and proof affidavits.
Losing Side's Weaknesses:
The petitioner established non-payment of rent through documents and proof affidavits.
The petitioner established non-payment of rent through documents and proof affidavits.
Supporting Evidence
Landlord-tenant relationship is evident from the proof affidavit filed by the petitioner. The proof affidavit filed by the petitioner and the documents produced before the court are sufficient to establish non-payment of rent of the petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The Counter petitioner is hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act and surrender and put the petitioners in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Al Shine Fine Restaurants LLP
- Party Role
- Plaintiff
- Party Name
- Siddique Meethalakath
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vishnu Satheesh
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Resolution passed at the meeting, Fresh lease agreement dated 01.09.2020, Sublease agreement executed by the petitioners dated 14.09.2020, Khoja inventory list, Copy of bank statement, Copy of legal notice dated 05.10.2023, Returned notice and original postal receipt dated 06.10.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Paraniyam.R. T. Devakumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Narendra Mohan.V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sudakshina Prasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Divya.J. Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter petitioner is directed to vacate the premises of the petition schedule building.
Evidence:
The Counter petitioner is hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter petitioner is directed to hand over vacant possession of the petition schedule building.
Evidence:
The counter petitioner also hereby directed to hand over vacant possession of petition schedule building to the petitioners u/s 11(3) and 11(4)(v) and S.11(12) of the Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
If the counter petitioner deposits the arrears of rent within one month, the order automatically stands vacated.
Evidence:
It is hereby made clear that if the counter petitioner deposits the arrears of rent stipulated in Ext. A6 notice within one month of this order, the order under this ground automatically stands vacated.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Copy of the resolution passed at the meeting
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Original Rent Agreement
Reference:
Ext.A2
Document Type:
Sublease Agreement
Submitted By:
Plaintiff
Relevance:
Original Sublease agreement executed by the petitioners
Reference:
Ext.A3
Document Type:
Inventory List
Submitted By:
Plaintiff
Relevance:
Original Khoja inventory list (list of items)
Reference:
Ext.A4
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Copy of bank statement
Reference:
Ext.A5
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice
Reference:
Ext.A6
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned notice and original postal receipt
Reference:
Ext.A7 series
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Evidence from the witness who testified on behalf of the plaintiff
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
R.C.P.NO.
Case Code Year
2024
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt