Case Summary
Arunachalam Pillai filed a petition against M/s Malayalam Motors Pvt Ltd and others for eviction due to non-payment of rent. The respondent companies failed to vacate the premises and clear the overdue rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the premises due to non-payment of rent. If the respondent pays the arrears within one month, the eviction order will be vacated.
Why Plaintiff Won:
The landlord proved non-payment of rent and the need for the property.
The landlord proved non-payment of rent and the need for the property.
Losing Side's Weaknesses:
The landlord proved non-payment of rent and the need for the property.
The landlord proved non-payment of rent and the need for the property.
Supporting Evidence
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 respondent 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 petitioner in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Arunachalam Pillai
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Malayalam Motors Pvt Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/s Malayalam MOBIKES INDIA Private Limited
- Party Role
- Defendant
- Party Name
- Rajwanth Ben
- Relation
- S/o
Plaintiffs Documents
Original Rent Deed, Copy of Registered Rent Deed, Statement of Account, Copy of Legal Notice and Postal Receipts, Postal Acknowledgment Card, Returned unclaimed Notices.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Nemom V. Sanjeev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sunitha.S
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Annie.A
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sreejith.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested eviction of the respondents from the tenanted property due to non-payment of rent.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2)(b) and 11 (3) of the Act.
Documents & Evidence
Document Type:
Original Rent Deed
Submitted By:
Plaintiff
Relevance:
This document is the original rent deed dated 31.10.2018 used to prove the landlord-tenant relationship and terms of lease.
Reference:
Ext.A1
Document Type:
Copy of Registered Rent Deed
Submitted By:
Plaintiff
Relevance:
This is a copy of the registered rent deed dated 27.03.2019, also relevant to establishing the rental agreements.
Reference:
Ext.A2
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the payments made and the outstanding rent due.
Reference:
Ext.A3
Document Type:
Copy of Legal Notice and Postal Receipts
Submitted By:
Plaintiff
Relevance:
This includes the legal notice issued to the respondent demanding rent payment and vacation of premises.
Reference:
Ext.A4 series
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the legal notice was received by the respondent.
Reference:
Ext.A5
Document Type:
Returned unclaimed Notices
Submitted By:
Plaintiff
Relevance:
These are notices that were returned unclaimed, relevant to the petitioner’s attempts to communicate with the respondent.
Reference:
Ext.A6 and A6(a) series
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