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R.C.P No 10/2023

Case between Devesh S. vs Varghese regarding eviction under the Kerala Building (Lease and Rent Control) Act, 1965

Court
THE COURT OF THE RENT CONTROL, KANJIRAPPALLY
Judge
Smitha Susan Mathew
Order Date
2025-02-28
Duration
approximately-1 year 7 months
Case Closed
Fri, 02/28/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Devesh S. is the landlord seeking eviction of Varghese, the tenant, for non-payment of rent and the need for building reconstruction. The tenant denies the landlord-tenant relationship and the claims of non-payment.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction under section 11(2)(b) of the Act. The tenant must vacate the premises within one month or the landlord may recover possession through court.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the tenanted premises.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under section 11(2)(b) of the Act. The tenant must vacate the premises within one month or the landlord may recover possession through court.
Why Plaintiff Won:
The petitioner established the landlord-tenant relationship and non-payment of rent.
Losing Side's Weaknesses:
The petitioner established the landlord-tenant relationship and non-payment of rent.
Supporting Evidence
The petitioner claims that he is the landlord and owner of the petition scheduled building.

Judgment Evidence:

In the result, the petition is allowed as follows: The petitioner/landlord is entitled to get an order of eviction u/s.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Devesh S.
Party Age
46
Relation
S/o
Party Role
Defendant
Party Name
Varghese
Party Age
70
Relation
S/o
Plaintiffs Documents
Lawyers Notice, Postal Receipt, Tax receipt, Possession Certificate, Certified copy of settlement deed.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sony Thomas
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
B. Bijoy
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner is entitled to an order of eviction from the premises.
Evidence:
The petition is allowed as follows: The petitioner/land lord is entitled to get an order of eviction u/s.11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Relief Type: Other
Outcome: Not Decided
Description:
The petitioner sought eviction under section 11(4)(iv) of the Act.
Evidence:
Hence this point is answered against the petitioner and he is not entitled to get eviction under section 11(4)(iv) of the Act.

Documents & Evidence

Document Type: Lawyers notice
Submitted By: Plaintiff
Relevance:
The petitioner issued this notice demanding payment of arrears of rent.
Reference:
Ext.A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Corresponding postal receipt for the notice sent to the counter petitioner.
Reference:
Ext.A2
Document Type: Unclaimed cover with A/D Card
Submitted By: Plaintiff
Relevance:
This document shows the returned notice indicating the counter petitioner was absent.
Reference:
Ext.A3
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
This receipt corresponds to the petition schedule shop rooms.
Reference:
Ext.A4
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Certified copy of tax receipt relevant to the shop rooms.
Reference:
Ext.A5
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Certificate showing that the petitioner is in possession of the building.
Reference:
Ext.A6
Document Type: Land Tax Receipt
Submitted By: Plaintiff
Relevance:
Another tax receipt relevant to the petition scheduled property.
Reference:
Ext.A7
Document Type: Site Approval and Building Permit
Submitted By: Plaintiff
Relevance:
A copy claiming approval for reconstruction of the building.
Reference:
Ext.A8
Document Type: Settlement Deed
Submitted By: Plaintiff
Relevance:
Proof of ownership conveyed to the petitioner by virtue of this deed.
Reference:
Ext.A9

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Case Code
Case between Devesh S. vs Varghese regarding eviction under the Kerala Building (Lease and Rent Control) Act, 1965
Case Code Year
Case between Devesh S. vs Varghese regarding eviction under the Kerala Building (Lease and Rent Control) Act, 1965

Quick Facts

Location
Kottayam District, Kerala
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Case Filed
Sat, 07/01/2023 - 12:00
Case Closed
Fri, 02/28/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 02/28/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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