Case Summary
The case involves a petition for eviction filed by Aadil Manzur Arampulickal against George Kurian Arikody. The petitioner, who is the owner of an apartment, seeks to reclaim possession due to the respondent's failure to vacate at the end of the lease term and non-compliance with housing association rules.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the property within 30 days.
Case Type
Eviction Petition
Final Judgment
No
The court allowed the petition for eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act. The defendant is directed to vacate the property within 30 days and the petitioner is entitled to costs.
Why Plaintiff Won:
The petitioner demonstrated bona fide need for the property and established ownership and the respondent's failure to comply with the lease agreement.
The petitioner demonstrated bona fide need for the property and established ownership and the respondent's failure to comply with the lease agreement.
Losing Side's Weaknesses:
The petitioner demonstrated bona fide need for the property and established ownership and the respondent's failure to comply with the lease agreement.
The petitioner demonstrated bona fide need for the property and established ownership and the respondent's failure to comply with the lease agreement.
Supporting Evidence
The petitioner pleads that he being the owner of the petition schedule property... Hence, he pleads that he is in bonafide need of petition schedule building for his residence in Ernakulam.
Judgment Evidence:
In the result, the petition is allowed in part u/S.11 (3) of the Act with costs as follows:- The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aadil Manzur Arampulickal
- Party Age
- 18
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- George Kurian Arikody
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Original Sale Deed No. 2505/2011 of SRO, Thrikkakkara
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Unnikrishnan M.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
The petitioner requested eviction of the respondent from the apartment.
Evidence:
The petitioner is entitled to the relief as prayed for under section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner sought costs for the eviction proceedings.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
This document establishes the petitioner's ownership of the apartment, which is central to his claim for eviction.
Reference:
Ext.A1
Document Type:
Email Communication
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the respondent's acknowledgment of the need to vacate the premises.
Reference:
Ext.A2(a)
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Aadil Manzur Arampulickal vs George Kurian Arikody regarding eviction
Case Code Year
Case between Aadil Manzur Arampulickal vs George Kurian Arikody regarding eviction