Case Summary
Philip Ryson, the landlord, filed a petition for eviction against the tenants Saraswathy Indraprastam and her daughter Rudraveena due to non-payment of rent. The tenants failed to respond and were declared ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondents to vacate the premises due to the non-payment of rent. The respondents were given the option to pay the due rent to avoid eviction.
Why Plaintiff Won:
The landlord provided sufficient evidence of the landlord-tenant relationship and non-payment of rent.
The landlord provided sufficient evidence of the landlord-tenant relationship and non-payment of rent.
Losing Side's Weaknesses:
The landlord provided sufficient evidence of the landlord-tenant relationship and non-payment of rent.
The landlord provided sufficient evidence of the landlord-tenant relationship and non-payment of rent.
Supporting Evidence
Landlord-tenant relationship is evident from the proof affidavit filed by the petitioner. 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.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The respondents are 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
- Philip Ryson
- Party Age
- 60
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Saraswathy Indraprastam
- Party Role
- Defendant
- Party Name
- Rudraveena
Plaintiffs Documents
Certified copy of sale deed No.3925/2013, Original rental agreement dated 21.03.2024, Copy of legal notice dated 13.01.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Victor D’silva
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner is granted eviction of respondents from the premises.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2)(b) and 11(3) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
Order for the respondents to hand over vacant possession of the petition schedule building.
Evidence:
The respondents are also 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:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of sale deed establishes landlord ownership.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Original rental agreement details rental terms agreed upon.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice demanding payment and vacation of premises.
Reference:
Ext.A3
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned notice provides evidence of communication with respondents.
Reference:
Ext.A4
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
2025
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act