Case Summary
Bose John filed a rent control petition against SNA Oushadhasala Pvt. Ltd, seeking eviction of the tenant from two shop rooms he co-owns with Abu Mathew due to his genuine need for the space to relocate his Ayurvedic pharmacy. The respondents contended that the eviction petition was not maintainable and that they had been tenants since 2013.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order allowing the petitioner to take possession of the building.
Case Type
Rent Control
Final Judgment
No
The rent control petition was partially allowed, directing the respondents to vacate the petition schedule building within 30 days. The petitioner was also awarded the costs of the proceedings.
Why Plaintiff Won:
The court found the petitioner's need for the premises as genuine and bona fide under Section 11(3) of the Act.
The court found the petitioner's need for the premises as genuine and bona fide under Section 11(3) of the Act.
Losing Side's Weaknesses:
The court found the petitioner's need for the premises as genuine and bona fide under Section 11(3) of the Act.
The court found the petitioner's need for the premises as genuine and bona fide under Section 11(3) of the Act.
Supporting Evidence
The need of the petitioner was not challenged by the respondents even while PW1 and PW2 were cross-examined, and the bona fide need projected remained unshaken.
Judgment Evidence:
In the result, the eviction sought under Section 11(3) of the Act is allowed, and the respondents are directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bose John
- Party Age
- 74
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Abu Mathew Koikkal
- Party Role
- Defendant
- Party Name
- SNA Oushadhasala Pvt. Ltd
- Party Role
- Defendant
- Party Name
- P.T.N. Vasudevan Moos
- Relation
- S/o
Plaintiffs Documents
Lawyer's notice dated 19.02.2021, Certified copy of the judgment and decree in OS.127/2021
Defendants Documents
Original board resolution, Original minutes in board resolution, Original authorization, Original extracts of resolution
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Abraham P. George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ratheesh M.B.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.R. Jyothish
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sanjay Sellen
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Muralleedharan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction sought under Section 11(3) of the Act due to bona fide need.
Evidence:
The eviction sought under Section 11 (3) of the Act is allowed, and the respondents are directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Cost of proceedings to be granted to the petitioner.
Evidence:
The petitioner is entitled to get the costs of the proceedings from the respondents.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show the petitioner's request for the respondents to vacate the premises.
Reference:
Ext.A1
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These documents corroborate the sending of the lawyer's notice.
Reference:
Ext.A2
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
This document contains the judgment related to a previous civil suit filed by the petitioner against the respondents.
Reference:
Ext.A3
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
This document contains the decree related to the judgment in the prior civil suit.
Reference:
Ext.A4
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
This document was related to the petitioner's business operations.
Reference:
Ext.A5
Document Type:
Original Receipt
Submitted By:
Plaintiff
Relevance:
This document was related to the petitioner's business operations.
Reference:
Ext.A6
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the building aspect related to the petition schedule.
Reference:
Ext.A7
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the building aspect related to the petition schedule.
Reference:
Ext.A8
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
This document certifies the building aspect related to the petition schedule.
Reference:
Ext.A9
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document reports on the condition and use of the petition schedule rooms.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Bose John vs SNA Oushadhasala Pvt. Ltd et al regarding eviction under the Kerala Buildings (Lease and Rent Control) Act 1965.
Case Code Year
Case between Bose John vs SNA Oushadhasala Pvt. Ltd et al regarding eviction under the Kerala Buildings (Lease and Rent Control) Act 1965.