Case Summary
The petitioner, Aneesa T.A., is seeking eviction of the respondent, Ashroph P.P., under the Kerala Buildings (Lease and Rent Control) Act. The respondent denies the landlord-tenant relationship, claiming fraudulent execution of sale deeds and the absence of a valid rent agreement.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
Key Reasoning:
The denial of the landlord-tenant relationship was considered bonafide.
The denial of the landlord-tenant relationship was considered bonafide.
Judgment Evidence:
In the result, it is found that the denial of title of the petitioner in the RCP by the respondents is found bonafide and hence the parties to the rent control petition are relegated to the competent court of civil jurisdiction for deciding the matters referred to above.
Parties Involved
Plaintiffs
Aneesa T.A. (31 years years)
Pottekattil House, Door No.7/2, Cheranalloor, Chittoor Desom, South Chittoor, PIN-682027
Defendants
Ashroph P.P. alias Ashraf P.P. (65 years years)
Poyyattil House, Kulayettikkara, Amballoor, Arayankavu Desom, Kulayettikkara P.O., Ernakulam District, PIN-682 315
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
Petitioner sought eviction of the respondent from the petition schedule property.
Evidence:
Thus in the light of above facts and circumstances of this case, there exists denial of title of the petitioner in the rent control petition and such denial made by the respondents is a bonafide one.
Relief Type:
Injunction
Outcome:
Not Decided
Description:
The petitioner impliedly sought for a mandatory injunction directing the respondent to vacate the premises.
Evidence:
The petitioner has filed IA No. 2/2025 under Section 12 of the Act.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Unknown
Relevance:
The petitioner purchased A schedule room by this Sale Deed.
Reference:
Sale Deed No.2443 of 2022
Document Type:
Sale deed
Submitted By:
Unknown
Relevance:
The respondent executed this Sale Deed in favor of the petitioner for B schedule shop room.
Reference:
Sale No. 2397/2023 of SRO Maradu
Document Type:
Rent Deed
Submitted By:
Unknown
Relevance:
A rent deed was executed on 22.11.2023 to continue the tenancy for a further period.
Reference:
null
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence presented in support of claims and defenses.
Reference:
null