Case Summary
The petitioners, Manappurathu Kochitti Abraham and Susan Abraham Manappurathu, filed for eviction against the counter petitioners R.S.Raj Mathew and Bincy Mathew due to non-payment of rent. The court found sufficient evidence for eviction as the counter petitioners were declared ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioners are granted eviction of counter petitioners from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the petitioners due to the counter petitioners' non-payment of rent and declared them ex-parte. The counter petitioners were directed to vacate the premises and pay the arrears.
Why Plaintiff Won:
The proof affidavit and evidence presented by the petitioners are sufficient to establish non-payment of rent.
The proof affidavit and evidence presented by the petitioners are sufficient to establish non-payment of rent.
Losing Side's Weaknesses:
The proof affidavit and evidence presented by the petitioners are sufficient to establish non-payment of rent.
The proof affidavit and evidence presented by the petitioners are sufficient to establish non-payment of rent.
Supporting Evidence
Landlord-tenant relationship is evident from the proof affidavit filed by the petitioners. The proof affidavit filed by the petitioners and the documents produced before the court are sufficient to establish non-payment of rent of the petitioners.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: ... the Counter petitioners are 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
- Manappurathu Kochitti Abraham
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Susan Abraham Manappurathu
- Party Age
- 59
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- R.S.Raj Mathew
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Bincy Mathew
- Party Age
- 42
- Relation
- W/o
Plaintiffs Documents
Rent deed dated 05.11.2022, Copy of notice dated 05.08.2023, Copy of registered advocate notice dated 04.11.2023, Returned unserved notices, Photos of the scheduled building.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Sophia Easo
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arun.S.Sasi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Jayachandran.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Counter petitioners are directed to vacate the premises.
Evidence:
The Counter petitioners are 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:
Eviction
Outcome:
Granted
Description:
Counter petitioners must hand over vacant possession within a month.
Evidence:
The counter petitioners also hereby directed to hand over vacant possession of petition schedule building to the petitioners u/s 11(2)(b),11(3) and 11(4)(ii)(iii) of the Kerala Buildings (Lease and Rent Control) Act within one month from this order.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Establishes the terms of tenancy.
Reference:
Ext.A1
Document Type:
Copy of notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of demand for rent and eviction.
Reference:
Ext.A2
Document Type:
Copy of Registered Advocate Notice
Submitted By:
Plaintiff
Relevance:
Another demand for arrears of rent and possession.
Reference:
Ext.A3
Document Type:
Returned unserved Notice
Submitted By:
Plaintiff
Relevance:
Shows attempt to notify the counter petitioners.
Reference:
Ext.A4 series
Document Type:
Photos of the Scheduled Building
Submitted By:
Plaintiff
Relevance:
Visual evidence of the condition of the property.
Reference:
Ext.A5 series
Document Type:
Certified Copy of plaint in OS 1679/2023
Submitted By:
Plaintiff
Relevance:
Relevant to show the ongoing suit by counter petitioners.
Reference:
Ext.A6
Document Type:
Photos (Subject to Proof)
Submitted By:
Plaintiff
Relevance:
Additional visual evidence submitted for consideration.
Reference:
Ext.A7 series
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
R.C.P.NO.
Case Code Year
2023