Case Summary
Ben Christopher Antony, represented by his Power of Attorney Holder Sampravel, filed a petition for eviction against the tenant V.A.Vijayamma under the Kerala Building (Lease and Rent Control) Act. The petitioner claims a bonafide need for the shop room to start a business, while the respondent disputes the alleged rent arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner is directed to be put in possession of the scheduled shop room.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner, ordering eviction of the respondent from the scheduled shop room for the petitioner's bonafide need.
Why Plaintiff Won:
The court satisfied with the bonafide need projected by the petitioner.
The court satisfied with the bonafide need projected by the petitioner.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted testimony of PW1 and PW2 evinces that the petitioner is in bonafide need of petition scheduled shop room.
Judgment Evidence:
Hence, this court is satisfied with the bonafide need projected by the petitioner. Hence, point No.1 and 2 are found in favour of the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ben Christopher Antony
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.A.Vijayamma
- Party Age
- 64
- Relation
- W/o
Plaintiffs Documents
Advocate Notice dated 15-05-2024, Postal Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Uliyakovil R.Rajesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter-petitioner is directed to put the petitioner in possession of the scheduled shop room under section 11(2)(b) of the act.
Evidence:
Hence, this court is satisfied with the bonafide need projected by the petitioner. Hence, point No.1 and 2 are found in favour of the petitioner.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
The order passed under clause one shall not be executed for a period of one month from today for arrears deposit.
Evidence:
The order passed under clause one shall not be executed for a period of one month from today and the tenant may within the said period, deposit the arrears of rent with interest @ 6% per annum and cost of the proceedings in Court and in that event the order of eviction under section 11(2) (b) of the Act shall be vacated.
Relief Type:
Possession
Outcome:
Granted
Description:
The counter petitioner is directed to put the petitioner in possession of the petition schedule shop room for the bonafide need under section 11(3) of the Act.
Evidence:
The counter petitioner is directed to put the petitioner in possession of the petition schedule shop room within 30 days from today for the bonafide need under section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to realize the costs of the proceedings from the counter petitioner.
Evidence:
Petitioner is entitled to realize the costs of the proceedings from the counter petitioner.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Demanding the respondent to vacate the petition scheduled shop room for use as a store room for their proposed business.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Supporting evidence related to the notice sent to the respondent.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Ben Christopher Antony vs V.A.Vijayamma regarding eviction
Case Code Year
Case between Ben Christopher Antony vs V.A.Vijayamma regarding eviction