Case Summary
The Amballoor Service Co-operative Bank and its President filed a petition against Rugmini for eviction from their property. The petitioners claimed a bona fide need for the property, which the respondent contested without filing any objections.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the property within 30 days. The petitioners were also entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioners established their bona fide need for the property without any counter evidence from the respondent.
The petitioners established their bona fide need for the property without any counter evidence from the respondent.
Losing Side's Weaknesses:
The petitioners established their bona fide need for the property without any counter evidence from the respondent.
The petitioners established their bona fide need for the property without any counter evidence from the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A3 established his case as pleaded by him. The bona fide need was projected by the petitioners.
Judgment Evidence:
The petition is allowed u/S 11(3) of the Act as follows: 1. 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
- The Amballoor Service Cooperative Bank Ltd. No. 502
- Party Role
- Plaintiff
- Party Name
- V.F. Varghese
- Party Age
- 52
- Relation
- S/o Francis
- Party Role
- Plaintiff
- Party Name
- The Board of Directors of the Amballoor Service Cooperative Bank Ltd. No. 502
- Party Role
- Plaintiff
- Party Name
- N.P. Rajeev
- Party Age
- 65
- Relation
- S/o Padmanabhan
- Party Role
- Defendant
- Party Name
- Rugmini
- Party Age
- 69
- Relation
- W/o Divakaran
Plaintiffs Documents
Original rental agreement dated 02.12.2022, Copy of Lawyer's notice dated 27.02.2023, Original acknowledgement card.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.P. Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soumiya C.D.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anu V. Kuttan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
The petition is allowed u/S 11(3) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realize costs from the respondent.
Evidence:
The petitioner is entitled to realize costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the rental agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to inform the respondent about the eviction and the need for the premises.
Reference:
Ext.A2
Document Type:
Original Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of delivery of the lawyer's notice to the respondent.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
This refers to the testimony provided by the petitioner's Secretary, V.F. Varghese, in support of the petition.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Eviction
Case Code
Case between The Amballoor Service Co-operative Bank Ltd. No. 502 et al vs Rugmini regarding eviction
Case Code Year
Case between The Amballoor Service Co-operative Bank Ltd. No. 502 et al vs Rugmini regarding eviction