Case Summary
Azeem Aboobaker Sait, represented by his power of attorney holder Ashokan K, filed a petition against Leelakumari for eviction and recovery of arrears of rent. The respondent has not paid the rent due since January 2022, leading to the suit seeking a direction for deposit of the owed amount.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant directed to deposit the admitted arrears of rent
Case Type
Civil Suit
Final Judgment
No
The court allowed the application for eviction and directed the defendant to deposit the arrears of rent within 30 days.
Why Plaintiff Won:
The court found that there was a prima facie existence of a rental agreement and substantial rent arrears owed by the defendant.
The court found that there was a prima facie existence of a rental agreement and substantial rent arrears owed by the defendant.
Losing Side's Weaknesses:
The court found that there was a prima facie existence of a rental agreement and substantial rent arrears owed by the defendant.
The court found that there was a prima facie existence of a rental agreement and substantial rent arrears owed by the defendant.
Supporting Evidence
It is prima facie seen from Ext.A2 document that there exist a rental agreement between the petitioner and husband of respondent.
Judgment Evidence:
Therefore I am inclined to allow the present application and to direct the respondent to deposit the admitted arrears within 30 days from date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Azeem Aboobaker Sait
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Leelakumari
- Relation
- W/o
Plaintiffs Documents
Copy of Sale deed No.299/2017, Rental Agreement, Copy of Legal Notice, Unserved Legal Notice, Power of Attorney, Tax Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Thomas Kochenayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Aneesh.K.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to deposit the arrears of rent and surrender possession of the plaint schedule building.
Evidence:
Therefore I am inclined to allow the present application and to direct the respondent to deposit the admitted arrears within 30 days from date of order.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The sale deed establishes the plaintiff's ownership of the plaint schedule property.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
This document confirms the rental arrangement between the plaintiff and the respondent's husband.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is the legal notice sent to the respondent regarding the rent arrears.
Reference:
Ext.A3
Document Type:
Unserved Legal Notice
Submitted By:
Plaintiff
Relevance:
This indicates an attempt to notify the respondent formally regarding the matter.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The power of attorney authorizes the petitioner to represent the original plaintiff.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document pertains to the plaint schedule building, demonstrating tax payment.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Azeem Aboobaker Sait vs Leelakumari regarding arrears of rent and eviction
Case Code Year
Case between Azeem Aboobaker Sait vs Leelakumari regarding arrears of rent and eviction