R.C.P. No. 46/2018

Case between Dr. Xavier John vs Thampi Abranam regarding eviction under Kerala Buildings (Lease and Rent Control) Act.

Court

COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

Smt. REEJA R. NAIR

Order Date

2025-10-08

Duration

Case Closed

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

Dr. Xavier John, the petitioner, seeks eviction of Thampi Abranam for non-payment of rent and based on his wife's bona fide need for starting a garment business. The respondent claims that he is the tenant and has paid the rent regularly.

Judgment Outcome

Plaintiff Won

Interim Order

The Court granted the eviction sought by the petitioner under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act as the respondent failed to prove his case.

Judgment Favored

Plaintiff

Relief Granted

Eviction of the respondent from the petition schedule building.

Case Type

Rent Control Petition

Final Judgment

The Court granted the eviction sought by the petitioner under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act as the respondent failed to prove his case.

Why Plaintiff Won:
The petitioner established a bona fide need for his wife to start a garment business.

Losing Side's Weaknesses:
The petitioner established a bona fide need for his wife to start a garment business.

Supporting Evidence

The evidence of the petitioner and his wife convincingly demonstrated their genuine need for the premises for business.

Judgment Evidence:

In the result, the eviction sought under Sections 11(3) and 11(4)(iii) of the Act are allowed, and the respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Dr. Xavier John
Party Age: 54
Relation: S/o

Party Role: Defendant
Party Name: Thampi Abranam
Relation: S/o

Plaintiffs Documents

Lawyer's notice dated 05.03.2015, Postal receipt, Returned postal cover with acknowledgment card, Reply issued from Cochin Corporation, Reply issued from Kalamassery Municipality.

Defendants Documents

Original rent register 2001-2016, Original property tax receipts from 2009 to 2018, Original partnership deed of Femine Glow.

Advocates

Party Role: Plaintiff
Advocate Name: Hariharaputhran
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sanish C.R.
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Anjana K.P.
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Arjun Sasi
Appearance Type: Assisting Counsel

Party Role: Plaintiff
Advocate Name: Karthika S.A.
Appearance Type: Assisting Counsel

Party Role: Defendant
Advocate Name: Legith T. Kottakkal
Appearance Type: Main Counsel

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Eviction of the respondent from the petition schedule building.

Evidence:

The eviction sought under Sections 11(3) and 11(4)(iii) of the Act are allowed.

Relief Type: Cost

Outcome: Granted

Description:

Entitlement to recover costs incurred in the proceedings.

Evidence:

The petitioner is entitled to get the costs of the proceedings from the respondent.

Documents & Evidence

Document Type: Office Copy of Lawyer's Notice

Submitted By: Plaintiff

Relevance:

Used to demonstrate statutory compliance of the notice required under the Kerala Buildings (Lease and Rent Control) Act.

Reference:

Ext.A1

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Served as proof that the notice was sent to the respondent.

Reference:

Ext.A2

Document Type: Returned postal cover with acknowledgment card

Submitted By: Plaintiff

Relevance:

Indicated that the notice sent to the respondent was unclaimed.

Reference:

Ext.A3

Document Type: Reply issued from Cochin Corporation

Submitted By: Plaintiff

Relevance:

Provided information relevant to the respondent's tenancy and was considered in the court's decision.

Reference:

Ext.A4

Document Type: Reply issued from Kalamassery Municipality

Submitted By: Plaintiff

Relevance:

Provided information relevant to the respondent's tenancy and was considered in the court's decision.

Reference:

Ext.A5

Document Type: Reply issued from Registrar IG

Submitted By: Plaintiff

Relevance:

Provided information relevant to the respondent's tenancy and was considered in the court's decision.

Reference:

Ext.A6

Document Type: Certified Copy of Partition Deed

Submitted By: Plaintiff

Relevance:

Provided proof of ownership and co-ownership related to the petition schedule property.

Reference:

Ext.A9

Document Type: Original rent register

Submitted By: Defendant

Relevance:

Demonstrated payment of rent and was used to refute the claim for outstanding rent arrears.

Reference:

Ext.B1

Document Type: Original property tax receipt

Submitted By: Defendant

Relevance: