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R.C.P. No. 27/2020

Case between Harikrishnan vs Mejo K.J. regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
Sri. Reghunath N.S.
Order Date
2024-02-29
Duration
approximately-4 years

Judgement document from eCourt website

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Case Summary

Harikrishnan, the petitioner, filed for eviction against Mejo K.J., the respondent, due to a breach of the lease agreement. The petitioner contended that the respondent used the property for commercial purposes and made unauthorized alterations.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction, directing the respondent to vacate the property within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Order of eviction against the respondent to deliver vacant possession of the premises.
Case Type
Eviction Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner successfully proved that the respondent violated the lease terms.

Judgment Evidence:

In the result the petition is allowed with costs as follows. The respondent/tenant is directed to put the petitioners/landlord in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.

Parties Involved

Plaintiffs

Harikrishnan (56 years) T.C. 27/2638, Kochu Kettidom, FOR A C2, Forest Lane, Vazhuthacaud, Trivandrum-695 014

Defendants

Mejo K.J. (42 years) Kundukulam House, Parappur, Tholur, Thrissur, Pin-680 552

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner sought eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed with costs as follows. The respondent/tenant is directed to put the petitioners/landlord 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 petitioner sought eviction of the respondent from the petition schedule building.
Evidence:
The respondent/tenant is directed to put the petitioners/landlord in possession of the schedule building under Section 11(4)(i) of the Act within 30 days from today.
Relief Type: Eviction
Outcome: Granted
Description:
The petitioner sought eviction of the respondent from the petition schedule building.
Evidence:
The respondent/tenant is directed to put the petitioners/landlord in possession of the schedule building under Section 11(4)(ii) of the Act within 30 days from today.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The court acknowledged the legal notice dated 22.01.2020 sent by the petitioner to the respondent seeking vacant possession of the petition schedule building.
Reference:
Ext.A1
Document Type: Unserved Cover
Submitted By: Plaintiff
Relevance:
The court referenced the unserved cover containing the original lawyer notice that was returned due to the respondent's fictitious address.
Reference:
Ext.A2
Document Type: Lease Agreement
Submitted By: Plaintiff
Relevance:
The court relied on the lease agreement to establish the nature of the tenancy and evidences of the terms violated by the respondent.
Reference:
Ext.A3

Quick Facts

Location
Ernakulam
Case Filed
Fri, 03/01/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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