Case Summary
M. Ramesh filed a petition against M/s Saan Popular Finance Pvt. Ltd for eviction due to non-payment of rent. The respondents stopped conducting business in the scheduled building since April 2020.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the premises and costs granted to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondents to surrender vacant possession of the room and pay the outstanding rent.
Why Plaintiff Won:
The court found the petitioner's evidence unchallenged and established the respondents' non-occupation and non-payment of rent.
The court found the petitioner's evidence unchallenged and established the respondents' non-occupation and non-payment of rent.
Losing Side's Weaknesses:
The court found the petitioner's evidence unchallenged and established the respondents' non-occupation and non-payment of rent.
The court found the petitioner's evidence unchallenged and established the respondents' non-occupation and non-payment of rent.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the plaint. He deposed that respondents kept the rent in arrears. He also deposed that the petition schedule room remain closed for more than 6 months. It is also deposed that the petitioner requires the petition schedule building for starting a grocery business.
Judgment Evidence:
In the result, 1. The petitions are allowed u/s.11(2)(b), 11(3) and 11(4)(v) of the Act. 2. The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Ramesh
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Saan Popular Finance Pvt. Ltd
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Dr. Ria Ann Thomas
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Copy of Lease Agreement executed between petitioner and the respondents, Undelivered Postal Covers, Copy of Lawyer Notice, Postal Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.K. Madhusudan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Radhika. G.Iyer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondents are directed to surrender vacant possession of the room.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Damages
Outcome:
Granted
Description:
Respondents to pay rent arrears and costs.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.4,94,500/- from April 2020 till June 2023 with interest at the rate of 6% per annum and costs of this proceedings within one month from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to get costs of this proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Copy of Lease Agreement executed between petitioner and the respondents.
Reference:
Ext.A1
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Undelivered Postal Cover.
Reference:
Ext.A2
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Undelivered Postal Cover.
Reference:
Ext.A2(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipt.
Reference:
Ext.A3(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report by Adv. Gokul.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M. Ramesh vs M/s Saan Popular Finance Pvt. Ltd et al regarding eviction and rent arrears.
Case Code Year
Case between M. Ramesh vs M/s Saan Popular Finance Pvt. Ltd et al regarding eviction and rent arrears.