Case Summary
Erachampatt Raseena filed a petition against M.Sreenivasan for eviction of the shop room he occupies, asserting bona fide need to start a footwear business. The respondent contends he has been paying rent and is dependent on the shop for his livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140 to the petitioner within three months.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner successfully proved her bona fide requirement for the shop rooms for starting a business, which was deemed genuine.
The petitioner successfully proved her bona fide requirement for the shop rooms for starting a business, which was deemed genuine.
Judgment Evidence:
In the result, both petitions as RCP 81/2016 & RCP 82/2016 are allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140 to the petitioner within three months from today.
Parties Involved
Plaintiffs
Erachampatt Raseena (38 years years)
Mankuzhiyil House, Veluyamcode North, Ponnani Taluk, PIN – 679579
Defendants
M.Sreenivasan (58 years years)
Machalil House, Thalakkad amsom Mangattiri desom & Post, Tirur Taluk, PIN – 676 105
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to give vacant possession of the petition schedule shop rooms.
Evidence:
The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140 to the petitioner within three months from today.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondents.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
Certified copy of Tax Assessment Register submitted by the petitioner.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice dated 28-12-2015 issued to the respondent demanding vacant possession.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 16-1-2016 submitted by the petitioner.
Reference:
Ext.A3
Document Type:
Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
Certified copy of Tax Assessment Register submitted by the petitioner.
Reference:
Ext.A4
Document Type:
Profit and Loss Account
Submitted By:
Defendant
Relevance:
Copy of Profit and Loss Account of the business submitted by the respondent.
Reference:
Ext.B1
Document Type:
Dealer Particulars
Submitted By:
Defendant
Relevance:
Copy of Dealer Particulars submitted by the respondent.
Reference:
Ext.B2
Document Type:
Petition with Summons
Submitted By:
Defendant
Relevance:
Copy of petition with summons in RCP 44/2016, Rent Control Court, Tirur submitted by the respondent.
Reference:
Ext.B3
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copy of petition in RCP 51/2016, Rent Control Court, Tirur submitted by the respondent.
Reference:
Ext.B4
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Copy of petition in RCP 116/2016, Rent Control Court, Tirur submitted by the respondent.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Smt.Pratheeksha.K, Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by Smt.Pratheeksha.K, Advocate Commissioner.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Smt.Ramya.C.T., Advocate Commissioner.
Reference:
Ext.C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by Smt.Ramya.C.T., Advocate Commissioner.
Reference:
Ext.C4