Case Summary
Johnson Thambi filed a petition for eviction against Raju @Rajasekharan under the Kerala Buildings (Lease and Rent Control) Act, 1965, claiming bona fide need for the shop room leased to Raju. Raju contested the eviction on the grounds of lack of title and necessity.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of Raju @Rajasekharan from the Petition B Schedule shop room.
Case Type
Eviction
Final Judgment
No
The court allowed the eviction petition filed by Johnson Thambi and directed Raju @Rajasekharan to vacate the shop room.
Why Plaintiff Won:
The need expressed by the landlord for the shop room was found to be bona fide.
The need expressed by the landlord for the shop room was found to be bona fide.
Losing Side's Weaknesses:
The need expressed by the landlord for the shop room was found to be bona fide.
The need expressed by the landlord for the shop room was found to be bona fide.
Supporting Evidence
The need projected by the Petitioner to has the vacant possession of the Petition B Schedule shop room is bona fide.
Judgment Evidence:
In the result, the claim of the Petitioner to evict the Respondent from the Petition B Schedule shop room under Section 11(3) of the Act is allowed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Johnson Thambi
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raju @Rajasekharan
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Lease Agreement, Consent deed, Tax receipts
Defendants Documents
Lease Agreement (Sub. to proof), Consent filed before the Secretary, Kollam Corporation
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sajeesh.R.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sumith Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner requested eviction of the respondent from the petition schedule shop room.
Evidence:
In the result, the claim of the Petitioner to evict the Respondent from the Petition B Schedule shop room under Section 11(3) of the Act is allowed.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Executed lease agreement for the shop room.
Reference:
Ext.A1
Document Type:
Consent Deed
Submitted By:
Plaintiff
Relevance:
Executed consent deed regarding rent conditions.
Reference:
Ext.A2
Document Type:
Consent
Submitted By:
Plaintiff
Relevance:
Consent document related to rental agreement.
Reference:
Ext.A3
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued from Kollam Corporation.
Reference:
Ext.A4
Document Type:
Tax Bill
Submitted By:
Plaintiff
Relevance:
Professional tax bill issued from Kollam Corporation.
Reference:
Ext.A5
Document Type:
Loan Statement
Submitted By:
Plaintiff
Relevance:
Statement related to a loan.
Reference:
Ext.A6
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
Copy of plaint from O.S. 847/16 case.
Reference:
Ext.A7
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Lease agreement dated 23.02.2012.
Reference:
Ext.A8
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Lease agreement dated 04.09.2019.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 31.01.2020.
Reference:
Ext.A10
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Lease agreement dated 16.11.2001.
Reference:
Ext.A12
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Lease agreement executed by Alexander.
Reference:
Ext.A13
Document Type:
Lease Agreement
Submitted By:
Defendant
Relevance:
Copy of lease agreement executed on 12.08.2005 (subject to proof).
Reference:
Ext.B1
Document Type:
Consent
Submitted By:
Defendant
Relevance:
Copy of consent filed before the Secretary, Kollam Corporation (subject to proof).
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by Adv. Abhishek G.P.
Reference:
Ext.C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by Adv. Commissioner.
Reference:
Ext.C1(a)
Document Type:
Certified copy of Commission Report
Submitted By:
Court
Relevance:
Certified copy of commission report in O.S. 847/16, prepared by Adv. Ajas Azim.
Reference:
Ext.C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Mahazar prepared by Adv. Commissioner.
Reference:
Ext.C2(a)
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
Rough sketch related to the case.
Reference:
Ext.C2(b)
Document Type:
Report of expert Civil Engineer
Submitted By:
Court
Relevance:
Report from an expert Civil Engineer.
Reference:
Ext.C3
Document Type:
Authorization letter
Submitted By:
Unknown
Relevance:
Authorization letter of the Secretary, Kollam Corporation (marked through RW2).
Reference:
Ext.X1
Document Type:
License
Submitted By:
Unknown
Relevance:
True copy of license issued by the Kollam Corporation.
Reference:
Ext.X2
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Eviction for bona fide need
Case Code
Case between Johnson Thambi vs Raju @Rajasekharan regarding eviction
Case Code Year
Case between Johnson Thambi vs Raju @Rajasekharan regarding eviction