R.C.P. No. 74/2021

Case between Chrysanthus Michael Dias vs K.G. Santhosh Kumar regarding eviction under the Kerala Buildings (Lease & Rent Control) Act

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

SMT. REEJA R. NAIR.

Order Date

2024-07-20

Duration

approximately-3 years 11 months 12 days

Case Closed

Judgement document from eCourt website

Save Case Find Similar Cases

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

Plaintiff Won

Interim Order

The court allowed the petition, directing the respondent to vacate the leased premises within 30 days. The petitioner proved his bona fide requirement for occupancy.

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

The court allowed the petition, directing the respondent to vacate the leased premises within 30 days. The petitioner proved his bona fide requirement for occupancy.

Why Plaintiff Won:
The petitioner established his bona fide need for the property despite the lack of certain legal formalities in notice issuance.

Losing Side's Weaknesses:
The petitioner established his bona fide need for the property despite the lack of certain legal formalities in notice issuance.

Supporting Evidence

Thus, the unrebutted oral testimony of PW1 and Exts. A1 and A2 established his case as pleaded by him. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted.

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

Parties

Party Role: Plaintiff
Party Name: Chrysanthus Michael Dias
Party Age: 65
Relation: S/o

Party Role: Defendant
Party Name: K.G. Santhosh Kumar
Party Age: 59
Relation: S/o

Plaintiffs Documents

Lease Deed dated 08.09.2020, Lawyer notice dated 09.02.2021

Defendants Documents

Nil

Advocates

Party Role: Plaintiff
Advocate Name: Jose Kuriakose K.
Appearance Type: Main Counsel

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