Case Summary
The petitioner, RS Krishna Jyothi, seeks eviction of the respondent, Sibi Augustin, for non-payment of rent. The respondent failed to pay rent and did not respond to the legal notice demanding payment or vacating the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises.
Case Type
Civil Suit
Final Judgment
No
The court allowed the petition for eviction against the respondent due to non-payment of rent. The respondent is directed to vacate the premises and make the necessary payments.
Why Plaintiff Won:
The petitioner established the landlord-tenant relationship and the respondent's non-payment of rent.
The petitioner established the landlord-tenant relationship and the respondent's non-payment of rent.
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.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) 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
- RS Krishna Jyothi
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sibi Augustin
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Original Power of attorney dated 20.09.2010, Copy of Lease Agreement dated 10.12.2021, Copy of Advocate Notice dated 21.02.2024, Postal Receipt dated 21.02.2024, Acknowledgment Card dated 25.02.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S Sivaraj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ushakumari
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the premises of petition schedule building
Evidence:
The petition is allowed with costs as per the following terms: (a) 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...
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
If the respondent deposits the arrears of rent stipulated in Ext. A3 notice within one month of this order, the order under this ground automatically stands vacated.
Evidence:
It is hereby made clear that if the respondent deposits the arrears of rent stipulated in Ext. A3 notice within one month of this order, the order under this ground automatically stands vacated.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original Power of attorney dated 20.09.2010
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Copy of lease agreement dated 10.12.2021
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Copy of advocate notice dated 21.02.2024 demanding rent
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 21.02.2024
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card dated 25.02.2024
Reference:
Ext.A5
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
2024