Case Summary
Harikrishnan filed a petition for eviction against Mejo K.J. after the lease expired. The petitioner claims that the respondent committed fraud, sublet the premises, and made unauthorized alterations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed, and the respondent is directed to hand over possession of the premises to the petitioner within 30 days.
Why Plaintiff Won:
The petitioner proved the case against the respondent regarding lease violations and fraudulent actions.
The petitioner proved the case against the respondent regarding lease violations and fraudulent actions.
Losing Side's Weaknesses:
The petitioner proved the case against the respondent regarding lease violations and fraudulent actions.
The petitioner proved the case against the respondent regarding lease violations and fraudulent actions.
Supporting Evidence
Upon considering the unchallenged oral testimony of PW1 and Ext. A3 it would show that the petitioner and the respondent entered into Ext. A3 rent agreement in respect of the petition schedule building for a monthly rent of Rs. 19,000.
Judgment Evidence:
In the result, the petition is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harikrishnan
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mejo K.J.
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Office Copy of the lawyer notice dated 22.01.2020, Unserved Cover dated 22.02.2020, Original Lease Agreement dated 01.03.2019
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.V. Binod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.S. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anju Jahafer
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The court directed the respondent to vacate the petition schedule building and hand it over to the petitioner.
Evidence:
The petition is allowed. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
The court ordered the respondent to vacate the premises within a specified time frame.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(4)(i) of the Act within 30 days from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
The informant has been granted an eviction order against the tenant.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building under Section 11(4)(ii) of the Act within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to recover costs associated with the petition.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document was a notice issued to the respondent demanding vacant possession of the petition schedule building.
Reference:
Ext.A1
Document Type:
Unserved Cover
Submitted By:
Plaintiff
Relevance:
This document indicates that the lawyer notice was returned unserved.
Reference:
Ext.A2
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement executed between the petitioner and the respondent concerning the petition schedule building.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Expiry of lease period
Case Code
Case between Harikrishnan vs Mejo K.J. regarding eviction under the Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Harikrishnan vs Mejo K.J. regarding eviction under the Kerala Buildings (Lease and Rent Control) Act