Case Summary
The petitioners, Dr. Paul K. Chandy and Dr. Ittiyerah P. Chandy, are landlords seeking to evict the respondent, K.V. Shiraz, from the petition schedule premises due to non-payment of rent. The petitioners claim a bona fide requirement for their own occupation as the first petitioner wishes to start a clinical laboratory.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building and payment of rent arrears.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the eviction of the respondent, K.V. Shiraz, from the petition schedule building due to willful default in rent payment and a bona fide requirement for own occupation by the petitioners.
Why Plaintiff Won:
The petitioners provided sufficient evidence of rent default and a genuine need for the property for personal use.
The petitioners provided sufficient evidence of rent default and a genuine need for the property for personal use.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The first petitioner’s medical background, licence, and physical disability (leg amputation due to diabetes) clearly prove a genuine and reasonable need to start a small clinic near his residence for livelihood.
Judgment Evidence:
In the result, it is ordered as follows: 1. The respondent is directed to vacate and surrender vacant possession of the petition-schedule building to the petitioners within 4 weeks from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Paul. K. Chandy
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr. Ittiyerah. P. Chandy
- Party Age
- 31
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.V. Shiraz
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Lease Deed No. 220/2009, Sale Deed No. 491/2009, Lawyer Notice dated 15-01-2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.V. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajeev. P. Nair
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Reji George
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The court ordered the respondent to vacate the petition-schedule building.
Evidence:
The respondent is directed to vacate and surrender vacant possession of the petition-schedule building to the petitioners within 4 weeks from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
The court ordered the respondent to pay the arrears of rent due to the petitioners.
Evidence:
The respondent shall pay the entire arrears of rent due to the petitioners up to the date of delivery of possession, as determined in accordance with the rent deed Exhibit A1.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The court established the tenancy and rent obligations based on the lease deed.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The court referenced the sale deed for the assignment of rights over the petition schedule building.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Produced evidence of ownership and tax compliance.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice established arrears of rent due from the respondent.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as evidence of sending the lawyer's notice.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirmed receipt of the lawyer's notice by the respondent.
Reference:
Ext.A6
Document Type:
Judgment
Submitted By:
Court
Relevance:
Referenced earlier proceedings as part of the court's deliberation.
Reference:
Ext.A7
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Non-payment of rent
Case Code
Case between Dr. Paul. K. Chandy et al vs K.V. Shiraz regarding eviction of tenant
Case Code Year
Case between Dr. Paul. K. Chandy et al vs K.V. Shiraz regarding eviction of tenant