Case Summary
Padma Sadasivan filed a petition against Soumya Chakkungal Simon for eviction due to non-payment of rent amounting to Rs.6,60,000. The court found that the counter petitioner defaulted in rent payment after September 2022 and allowed the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of counter petitioner from the petition schedule building
Case Type
Civil Suit
Final Judgment
No
The petition for eviction was allowed due to the counter petitioner's failure to pay rent. The court ordered the counter petitioner to vacate the property within one month.
Why Plaintiff Won:
Petitioner provided sufficient evidence of non-payment of rent and demonstrated dire need for the property.
Petitioner provided sufficient evidence of non-payment of rent and demonstrated dire need for the property.
Losing Side's Weaknesses:
Not available
Not available
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: (a) The counter petitioner is hereby directed to hand over vacant possession of petition schedule building to the petitioner u/s 11(3) of Kerala Buildings (Lease and Rent Control) Act within one month from this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Padma Sadasivan
- Party Age
- 65
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Sadasivan Ramalinga Iyer
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Soumya Chakkungal Simon
- Party Age
- 34
- Relation
- D/o
Plaintiffs Documents
Original Rent Agreement dated 20.08.2022, Original Ownership Certificate dated 10.05.2023, Original Tax Receipt dated 29.05.2025, Original Building Tax Receipt of Thiruvananthapuram Corporation dated 29.05.2025, Original General Power of Attorney dated 22.12.2024, Email dated 30.05.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V.R.Swaminathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter petitioner is directed to vacate the building.
Evidence:
The counter petitioner is hereby directed to hand over vacant possession of petition schedule building to the petitioner u/s 11(3) of Kerala Buildings (Lease and Rent Control) Act within one month from this order.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The original rent agreement establishes the terms of the lease with the counter petitioner.
Reference:
Ext.A1
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
The original ownership certificate supports the claim of ownership by the petitioner.
Reference:
Ext.A2
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
The original tax receipt indicates that the petitioner is up to date with tax payments.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
The original building tax receipt supports the claim regarding the property in question.
Reference:
Ext.A4
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
The original General Power of Attorney shows authorization for the petitioner to act.
Reference:
Ext.A5
Document Type:
Email
Submitted By:
Plaintiff
Relevance:
The email serves as evidence of the demand for payment sent to the counter petitioner.
Reference:
Ext.A6
Case Classification
Case Type
Civil Suit
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
2025