Case Summary
Kuruvila Joseph, the landlord, is seeking to evict Akilraj, the tenant, for failing to pay rent as per their lease agreement. The tenant has been declared ex-parte for not appearing in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of Akilraj from the premises
Case Type
Rent Control Petition
Final Judgment
No
The court ordered Akilraj to vacate the premises due to non-payment of rent. If he pays the arrears within one month, the order will stand vacated.
Why Plaintiff Won:
The petitioner provided sufficient evidence of non-payment of rent and the tenant's absence from court.
The petitioner provided sufficient evidence of non-payment of rent and the tenant's absence from court.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of non-payment of rent and the tenant's absence from court.
The petitioner provided sufficient evidence of non-payment of rent and the tenant's absence from court.
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 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
- Kuruvila Joseph
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Akilraj
- Party Age
- 24
- Relation
- S/o
Plaintiffs Documents
Lease Agreement dated 11.09.2023, Bank statement from 01.08.2023 to 01.02.2024, Copy of advocate Notice dated 01.02.2024, Acknowledgment Card dated 01.02.2024, Copy of reply notice dated 16.03.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.R. Sreegith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arun Babu.B
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jayamonica
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the premises.
Evidence:
The petitioner is entitled to get eviction u/s.11(2) of the Act.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document proves the landlord-tenant relationship and the terms of the lease.
Reference:
Ext.A1
Document Type:
Copy of Bank statement
Submitted By:
Plaintiff
Relevance:
This bank statement shows the payment of advance rent by the respondent.
Reference:
Ext.A2
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
This notice indicates the legal demand for payment of arrears of rent.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of receipt of the notice by the respondent.
Reference:
Ext.A4
Document Type:
Copy of Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the response to the legal notice, relevant for assessing compliance.
Reference:
Ext.A5
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