Case Summary
K.Sekharan, the petitioner, is seeking eviction of Remani Stanley, the counter petitioner, for default in rent payment. The counter petitioner has failed to vacate the premises or pay the arrears despite multiple notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the premises.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the counter petitioner to vacate the premises and surrender possession to the petitioner.
Why Plaintiff Won:
The petitioner established non-payment of rent and lack of evidence to rebut the claim.
The petitioner established non-payment of rent and lack of evidence to rebut the claim.
Losing Side's Weaknesses:
The petitioner established non-payment of rent and lack of evidence to rebut the claim.
The petitioner established non-payment of rent and lack of evidence to rebut the claim.
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. There is no oral or documentary evidence to rebut the claim of petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: 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...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.Sekharan
- Party Role
- Defendant
- Party Name
- Remani Stanley
Plaintiffs Documents
Original rental agreement dated 18.03.2023, Copy of legal notice dated 26.02.2024, Acknowledgment card dated 27.02.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammad Jasheen.J
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ambili Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajeev.A.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner requested to evict the counter petitioner from the premises.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
Counter petitioner allowed to vacate if arrears are paid.
Evidence:
It is hereby made clear that if the counter petitioner deposits the arrears of rent stipulated in Ext. A2 notice along with interest 6% per annum within one month of this order, the order under this ground automatically stands vacated.
Relief Type:
Eviction
Outcome:
Granted
Description:
Counter petitioner directed to hand over vacant possession within one month.
Evidence:
The counter petitioner also hereby directed to hand over vacant possession of portion of petition schedule building to the petitioner u/s 11(8) of the Kerala Buildings (Lease and Rent Control) Act within one month from this order.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Original rental agreement dated 18.03.2023 confirming the lease terms.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice dated 26.02.2024 demanding payment of arrears.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card dated 27.02.2024 showing acceptance of the notice.
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