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
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.
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
Plaintiffs
Bose John (74 years)
Panachikkal House, Nadama Village, Tripunithura, Pin- 682301
Abu Mathew Koikkal (Age not specified years)
Defendants
SNA Oushadhasala Pvt. Ltd (Age not specified years)
Moospet Road, Chembukkavu Village, Thrissur District, represented by its Chairman & Managing Director, P.T.N. Vasudevan Moos
P.T.N. Vasudevan Moos (Age not specified years)
Thykattu Mana, Chembukkavu kara, Thrissur- 680020
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