Case Summary
Jabeen.S., the petitioner, seeks eviction of Joyson Ipe, the counter petitioner, from a rented building for her ice cream business. The counter petitioner claims entitlement to remain in possession based on a long-standing tenancy and alleged lack of title of the petitioner.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted under section 11(2)(b) and 11(3) of the Act.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the counter petitioner to vacate the premises due to the petitioner's bona fide need for her business.
Why Plaintiff Won:
The court found the petitioner's need for the building genuine and the counter petitioner's claims of ownership and tenancy unsubstantiated.
The court found the petitioner's need for the building genuine and the counter petitioner's claims of ownership and tenancy unsubstantiated.
Losing Side's Weaknesses:
The court found the petitioner's need for the building genuine and the counter petitioner's claims of ownership and tenancy unsubstantiated.
The court found the petitioner's need for the building genuine and the counter petitioner's claims of ownership and tenancy unsubstantiated.
Supporting Evidence
The unchallenged evidence of the petitioner would prove that petitioner bonafidely requires scheduled building for the business purpose.
Judgment Evidence:
In the result, an order is passed on the following terms: 1. The counter petitioner is directed to put the petitioner in possession of the schedule building under section 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jabeen.S.
- Party Age
- 41
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Joyson Ipe
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Photocopy of Settlement Deed No. 546/2014, Land Tax Receipts, Rent Agreement, Notice documents.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.Sudhakaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aparna Balu
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prince Kumar.G
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.I.Alexander Panicker
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Seema.C
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the counter petitioner from the scheduled premises.
Evidence:
Therefore, the petitioner is entitled to get an order of eviction under section 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner claimed possession of the scheduled building for her own use.
Evidence:
Accordingly, the petitioner is entitled to get an order of eviction under Sec 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realise the cost of the proceedings from the counter petitioner.
Evidence:
Hence, the petition is allowed. The counter petitioner is liable to pay cost of the proceedings.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proved ownership of the petition schedule building.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supports ownership claim of the petitioner.
Reference:
Ext.A2 series
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Details the initial tenancy between the petitioner and counter petitioner.
Reference:
Ext.A3
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Notifies the counter petitioner of the eviction.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending notice to the counter petitioner.
Reference:
Ext.A5
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms the counter petitioner's receipt of the notice.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Countered the claims made by the counter petitioner.
Reference:
Ext.A7
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Further communication from the petitioner.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response to counter petitioner's objections.
Reference:
Ext.A9
Document Type:
Certificate of Incorporation
Submitted By:
Plaintiff
Relevance:
Supports the legal standing of the petitioner.
Reference:
Ext.A10
Document Type:
Company Master Data
Submitted By:
Plaintiff
Relevance:
Further substantiation of the petitioner's business operations.
Reference:
Ext.A11
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Case Code
Case between Jabeen.S. vs Joyson Ipe regarding eviction under the Kerala Building (Lease and Rent Control) Act, 1965.
Case Code Year
Case between Jabeen.S. vs Joyson Ipe regarding eviction under the Kerala Building (Lease and Rent Control) Act, 1965.