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
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner established a bona fide need for his wife to start a garment business.
The petitioner established a bona fide need for his wife to start a garment 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
Plaintiffs
Dr. Xavier John (54 years)
Pulickal House, Near Lakeshore Hospital, Nettoor, Maradu Village, Pin - 682 040.
Defendants
Thampi Abranam (Age not specified years)
Lavnya Ladies Centre, Vyttila Junction, Kochi - 682 019.
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:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B2
Document Type:
Original tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B3
Document Type:
Original tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B4
Document Type:
Original tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B5
Document Type:
Original tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B6
Document Type:
Original tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B7
Document Type:
Original tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B8
Document Type:
Original special tax receipt
Submitted By:
Defendant
Relevance:
Proof of tax payments regarding the tenanted premises.
Reference:
Ext.B9
Document Type:
Original of Partnership Deed of Femine Glow
Submitted By:
Defendant
Relevance:
Document related to the respondent's business operations.
Reference:
Ext.B11
Document Type:
GST registration of Femine Glow
Submitted By:
Defendant
Relevance:
Provided evidence regarding the legitimacy of the respondent's business.
Reference:
Ext.B12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Executed to inspect the premises in question and assess the claims made by both parties.
Reference:
Ext.C1 series
Document Type:
Commission Report in IA
Submitted By:
Court
Relevance:
Subsequent report regarding the premises after further proceedings.
Reference:
Ext.C2