Case Summary
Sarala A. is the petitioner seeking eviction of Nakshathra Viju for non-payment of rent for a shop room. The petitioner claims a significant amount of arrears is owed by the respondent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room.
Case Type
Eviction Petition
Final Judgment
No
The court allowed the eviction petition and ordered the respondent to vacate the premises. If the respondent deposits the due rent within a month, the order will be vacated.
Why Plaintiff Won:
The petitioner established non-payment of rent with sufficient evidence.
The petitioner established non-payment of rent with sufficient evidence.
Losing Side's Weaknesses:
The petitioner established non-payment of rent with sufficient evidence.
The petitioner established non-payment of rent with sufficient evidence.
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 the petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sarala A.
- Party Age
- 71
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nakshathra Viju
- Party Age
- 26
- Relation
- D/o
Plaintiffs Documents
Registration certificate dated 30.10.2023, Electricity bill of the petition schedule shop, Notarized rental agreement dated 01.07.2024, Notice from Health Department, Thiruvananthapuram Corporation dated 08.10.2024, Legal notice with postal receipt dated 18.02.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sekhar G. Thampi
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sasthamangalam S. Ajithkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought to evict the respondent from the petition schedule building.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2)(b) of the Act.
Documents & Evidence
Document Type:
Copy of registration certificate
Submitted By:
Plaintiff
Relevance:
Establishes landlord-tenant relationship.
Reference:
Ext.A1
Document Type:
Copy of Electricity Bill of the Petition Schedule Shop
Submitted By:
Plaintiff
Relevance:
Supports the claim regarding the petition schedule property.
Reference:
Ext.A2
Document Type:
Copy of Notarized Rental Agreement
Submitted By:
Plaintiff
Relevance:
Details the rental agreement and terms of lease.
Reference:
Ext.A3
Document Type:
Copy of Notice from Health Department
Submitted By:
Plaintiff
Relevance:
Provides evidence of legal notifications regarding the property.
Reference:
Ext.A4
Document Type:
Copy of Plaint in OS 187/2025
Submitted By:
Plaintiff
Relevance:
Relevant to the ongoing legal affairs concerning the property.
Reference:
Ext.A5
Document Type:
Copy of legal notice
Submitted By:
Plaintiff
Relevance:
Demand for payment of rent and notice for eviction.
Reference:
Ext.A6
Document Type:
Unclaimed legal notice with Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms attempts made to notify the respondent.
Reference:
Ext.A7
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Sarala A. vs Nakshathra Viju regarding eviction due to non-payment of rent.
Case Code Year
Case between Sarala A. vs Nakshathra Viju regarding eviction due to non-payment of rent.