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
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
The court allowed the petition for eviction, directing the respondent to vacate the property within 30 days.
Why Plaintiff Won:
The petitioner successfully proved that the respondent violated the lease terms.
The petitioner successfully proved that the respondent violated the lease terms.
Losing Side's Weaknesses:
The petitioner successfully proved that the respondent violated the lease terms.
The petitioner successfully proved that the respondent violated the lease terms.
Supporting Evidence
It is evident that by virtue of Ext. A3 rent agreement, the petitioner and the respondent entered into a lease agreement... However, in contravention to the terms and conditions... the respondent was using the petition schedule building for commercial purpose.
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
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 Lawyer notice dated 22.01.2020, Unserved cover containing the original lawyer notice, 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 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
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Harikrishnan vs Mejo K.J. regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965
Case Code Year
Case between Harikrishnan vs Mejo K.J. regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965