Case Summary
Vikraman Chettiyar filed a petition seeking eviction of Doulath Kumar Guptha for failing to pay rent and utilizing the leased premises. The court found the respondent in default and allowed the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction from the premises
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the leased premises due to non-payment of rent. The respondent has the option to avoid eviction by paying the due rent within one month.
Why Plaintiff Won:
The proof affidavit and documents established the respondent's non-payment of rent.
The proof affidavit and documents established the respondent's non-payment of rent.
Losing Side's Weaknesses:
The proof affidavit and documents established the respondent's non-payment of rent.
The proof affidavit and documents established the respondent's 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 respondent is hereby directed to vacate the premises...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vikraman Chettiyar
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Doulath Kumar Guptha
- Party Age
- 37
- Relation
- S/o
Plaintiffs Documents
Copy of rent deed dated 01.03.2023, Copy of legal notice dated 23.12.2023, Postal receipt dated 23.12.2023, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P Sarith Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Shereef. S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner is granted eviction of the respondent from the premises.
Evidence:
Hence the petitioner is entitled to get eviction only U/S.11 (3) and 11(4)(ii) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent is directed to vacate the premises within one month.
Evidence:
The respondent also hereby directed to hand over vacant possession of petition schedule building to the petitioner u/s 11(3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act within one month from this order.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Establishes the landlord-tenant relationship and the agreed monthly rent.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Demand for payment of arrears and vacation of the premises.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence of acknowledgment from the respondent regarding the legal notice.
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
RCP.NO.
Case Code Year
2024