Case Summary
The petitioner, Chrysanthus Michael Dias, seeks to evict the respondent, K.G. Santhosh Kumar, from a leased property due to non-payment of rent and a claim of personal necessity. The petitioner claims the need for the building for his own occupation as he is a senior citizen.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in possession of the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner established his bona fide need for the property despite the lack of certain legal formalities in notice issuance.
The petitioner established his bona fide need for the property despite the lack of certain legal formalities in notice issuance.
Judgment Evidence:
In the result, The petition is allowed u/s 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Chrysanthus Michael Dias (65 years)
Market Road Ernakulam Village, Ernakulam District 682 035
Defendants
K.G. Santhosh Kumar (59 years)
Kuriyil Thottathil House, Thrissur District
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner is entitled to take possession of the petition schedule building.
Evidence:
The petition is allowed u/s 11(3) of the Act with costs [...] the respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Original lease agreement dated 08.09.2020 establishing the tenancy.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice dated 09.02.2021 demanding arrears of rent and maintenance charges.
Reference:
Ext.A2