Case Summary
Jacob Vadakel, the petitioner, seeks eviction of Mr. V P Jackson, the respondent, for non-payment of rent according to their lease agreement. The petitioner claims a bona fide need for the building to run his interior design business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Eviction
Final Judgment
No
The court allowed the eviction petition under Sections 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act. The respondent is directed to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioner complied with the legal requirements under the Act for eviction due to non-payment of rent.
The petitioner complied with the legal requirements under the Act for eviction due to non-payment of rent.
Losing Side's Weaknesses:
The petitioner complied with the legal requirements under the Act for eviction due to non-payment of rent.
The petitioner complied with the legal requirements under the Act for eviction due to non-payment of rent.
Supporting Evidence
The petitioner pleads in the rent control petition that he is in bonafide need of petition schedule building for starting his interior designing office and demo studio. It is seen from the proof affidavit also that petitioner requires the building to start his interior designing office and demo studio.
Judgment Evidence:
In the result, the petition is allowed u/S. 11(2)(b) and 11 (3) of the Act with costs as follows: 1. The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Jacob Vadakel
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. V P Jackson
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Lawyer's notice dated 30.04.2025, Original postal receipt, Original National Trade certificate, Original mark sheet, Original partnership deed dated 12.08.2003
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K. Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- S. Sreedevi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Chitra R. Shenoy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.R. Harikrishnan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreerekha K.S.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Vinu Chand
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Geevarghese Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- C.R. Vinod Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Regin Roy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Abijith C.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Rajan K. Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Kevin Seby Manikuttan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Anu Paul
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner seeks eviction of the respondent from the premises due to non-payment of rent.
Evidence:
Hence, the petition is allowed u/S. 11(2)(b) and 11 (3) of the Act with costs.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Used to demonstrate that a formal notice requesting payment of arrears was sent to the respondent.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of delivery of the lawyer's notice.
Reference:
Ext.A3
Document Type:
Original National Trade certificate
Submitted By:
Plaintiff
Relevance:
Supports the petitioner's claim of running a business requiring the premises.
Reference:
Ext.A5
Document Type:
Original mark sheet
Submitted By:
Plaintiff
Relevance:
Provides evidence of the petitioner's credentials related to the business.
Reference:
Ext.A6
Document Type:
Original partnership deed
Submitted By:
Plaintiff
Relevance:
Establishes the petitioner's business entity.
Reference:
Ext.A7
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Jacob Vadakel vs Mr. V P Jackson regarding eviction under Kerala Buildings (Lease & Rent Control) Act.
Case Code Year
Case between Jacob Vadakel vs Mr. V P Jackson regarding eviction under Kerala Buildings (Lease & Rent Control) Act.