Case Summary
K.C. Balakrishnan, the petitioner, is seeking eviction of Vithal Bose and Manjusha M. Panicker for non-payment of rent and for subletting the apartment without consent. The respondents contest the petition, claiming that there was no landlord-tenant relationship and that they vacated the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the second respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner established the landlord-tenant relationship and demonstrated bonafide need for the premises.
The petitioner established the landlord-tenant relationship and demonstrated bonafide need for the premises.
Judgment Evidence:
In the result, petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act directing the 2nd respondent to give vacant possession of the petition schedule shop room to the petitioner within two months from the date of this order failing which the petitioner can execute the order through the process of the Court.
Parties Involved
Plaintiffs
K.C. Balakrishnan (76 years)
Jayanilayam, Velloor P.O., Pambady, Kottayam District-686501
Defendants
Vithal Bose (58 years)
Poothanappally House, Ponnurunni, Vyttila P.O., Pin-682019
Manjusha M. Panicker (Age not specified years)
Flat No. 18A 1, Mistic Heights-1, Shwas Homes, Kaniyampuzha Road, Vyttila P.O., Pin-682019
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the second respondent from the petition schedule building.
Evidence:
In the result, petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act directing the 2nd respondent to give vacant possession of the petition schedule shop room to the petitioner within two months from the date of this order.
Documents & Evidence
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
The document establishes the ownership of the petitioner over the petition schedule building.
Reference:
Ext.A1
Document Type:
Treatment Record
Submitted By:
Plaintiff
Relevance:
The document supports the petitioner's claim of bonafide need for occupying the premises due to medical treatment.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice demonstrates the petitioner's request for vacant possession and payment of arrears.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card indicates receipt of notice by the respondents.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card indicates receipt of notice by the respondents.
Reference:
Ext.A5
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
The document shows the legal proceedings related to the property.
Reference:
Ext.A6
Document Type:
Counter affidavit
Submitted By:
Plaintiff
Relevance:
The document reflects the lawyer's submission in the ongoing case concerning the property.
Reference:
Ext.A7
Document Type:
Letter of Termination
Submitted By:
Defendant
Relevance:
The letter shows the first respondent's claim of terminating the lease agreement and returning possession.
Reference:
Ext.B1
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
The document is relevant to the notification sent regarding the legal matter.
Reference:
Ext.R2(c)
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
The judgment relates to the ongoing legal dispute over the property.
Reference:
Ext.R2(d)
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
The order concerns the interim measures regarding the property.
Reference:
Ext.R3