Case Summary
B.S. Rajeev and Asha G.S. are seeking eviction of Rama Gopi from their rental property due to non-payment of rent. They claim that the respondent owes substantial rent and they require the property for their own residential needs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the rental property and possession granted to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises within 30 days due to non-payment of rent.
Why Plaintiff Won:
The petitioner proved the respondent's default in rent payment and established bona fide need for the property.
The petitioner proved the respondent's default in rent payment and established bona fide need for the property.
Losing Side's Weaknesses:
The petitioner proved the respondent's default in rent payment and established bona fide need for the property.
The petitioner proved the respondent's default in rent payment and established bona fide need for the property.
Supporting Evidence
Having considered the oral testimony of PW1 and Exts.A3, A4, A4 and A6 coupled with unchallenged oral testimony of PW1, the petitioner has proved his case that the respondent has committed default in paying the monthly rent and he is in bona fide need of the petition schedule building for his own occupation to shift the residence of his aged parents to the tenanted premises on getting back the vacant possession of the building.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) and 11(3) of the Act. The respondent is directed to give back the possession of the petition schedule building to the petitioner within 30 days from today under Section 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- B.S. Rajeev
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Asha G.S.
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Rama Gopi
Plaintiffs Documents
Original power of attorney, Photocopy of the rent Agreement, True copy of land tax receipt, Office copy of lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Chithra R. Shenoy
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Alexander George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.R. Harikumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the respondent to give back possession of the petition schedule building.
Evidence:
The respondent is directed to give back the possession of the petition schedule building to the petitioner within 30 days from today under Section 11(2)(b) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the respondent to give vacant possession of the petition schedule building.
Evidence:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner under Section 11(3) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Submitted as proof of authority to represent the petitioners.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proves that the petitioner is paying the land tax for the property.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Used to demand payment of arrears of rent and vacant possession.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the lawyer notice.
Reference:
Ext.A5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the respondent.
Reference:
Ext.A6
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between B.S. Rajeev et al vs Rama Gopi regarding Rent Control
Case Code Year
Case between B.S. Rajeev et al vs Rama Gopi regarding Rent Control
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque dishonour under Section 138 N.I. Act