Case Summary
Vigil Stephena Pereira filed a petition against K.S.Prasannan for eviction due to non-payment of rent. The counter petitioner defaulted on rent payments since April 2021, leading to substantial arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the premises.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition due to failure to pay rent. The counter petitioner was ordered to vacate the premises and pay the arrears of rent.
Why Plaintiff Won:
The landlord-tenant relationship was established, and evidence showed non-payment of rent.
The landlord-tenant relationship was established, and evidence showed non-payment of rent.
Losing Side's Weaknesses:
The landlord-tenant relationship was established, and evidence showed non-payment of rent.
The landlord-tenant relationship was established, and evidence showed non-payment of rent.
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 counter petitioner is hereby directed to vacate the premises of Petition Schedule Building...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vigil Stephena Pereira
- Party Age
- 65
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Victor Luiee
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.S.Prasannan
- Party Age
- 62
- Relation
- S/o
Plaintiffs Documents
Copy of General Power of attorney, Rent Agreement, Copy of advocate Notice, Original Postal Receipt, Original Acknowledgment Card, Original Reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.A.Santhosh Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Riaz.S.Kandala
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Manju.M
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Devikripa.M.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Parvathy Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anand.A
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Gouri.S.B
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter petitioner is directed to vacate the premises.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2)(b) and 11(3) of the Act.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
Filed as proof of authority for the petitioner.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Used to establish the terms of the tenancy and the rental obligations.
Reference:
Ext.A2
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Served as a demand for payment of arrears and to vacate the premises.
Reference:
Ext.A3
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided evidence of sending the advocate notice.
Reference:
Ext.A4
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence of receipt of the notice by the counter petitioner.
Reference:
Ext.A5
Document Type:
Original Reply Notice
Submitted By:
Plaintiff
Relevance:
Contained the counter petitioner's response to the demand notice.
Reference:
Ext.A6
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
2024