Case Summary
Gomathy.M.S is the landlord seeking eviction of Jayaram, the tenant, from a shop due to non-payment of rent and failure to run the business for over three years. The court found sufficient evidence of non-payment and allowed the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the rented shop premises
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the eviction of the tenant, Jayaram, due to non-payment of rent and lack of business operation. If Jayaram pays the arrears of rent as per the notice, the order will be vacated.
Why Plaintiff Won:
The court found evidence of non-payment of rent and lack of business operation by the counter petitioner.
The court found evidence of non-payment of rent and lack of business operation by the counter petitioner.
Losing Side's Weaknesses:
Not available
Not available
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 petitioner in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Gomathy.M.S
- Party Age
- 57
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Jayaram
- Party Age
- 61
Plaintiffs Documents
Copy of Partition Deed dated 23.08.2017, Copy of Advocate Notice dated 28.06.2024, Copy of Postal Receipt dated 28.06.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sandra.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the counter petitioner from 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:
Other
Outcome:
Partly Granted
Description:
Conditional relief allowing the counter petitioner to avoid eviction by paying arrears of rent.
Evidence:
if the counter petitioner deposits the arrears of rent stipulated in Ext. A2 notice within one month of this order, the order under this ground automatically stands vacated.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Establishes the petitioner's ownership of the property.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Demands payment of arrears of rent from the counter petitioner.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the sending of the advocate notice to the counter petitioner.
Reference:
Ext.A3
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