Case Summary
K.G.Venugopal seeks eviction of M.J.Thomas from a rented room as part of a property under the Kerala Building (Lease and Rent Control) Act. The petitioner claims that the respondent has not vacated the premises despite several requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction and recovery of possession of the rented room
Case Type
Eviction
Final Judgment
No
The court allowed the petition for eviction and directed the respondent to vacate the rented room within one month.
Why Plaintiff Won:
The petitioner established entitlement to eviction under Sections 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
The petitioner established entitlement to eviction under Sections 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Losing Side's Weaknesses:
The petitioner established entitlement to eviction under Sections 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
The petitioner established entitlement to eviction under Sections 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Supporting Evidence
From the unchallenged oral and documentary evidence, I am of the view that petitioner is entitled to get an order of eviction under Sections 11(2)(b), 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Judgment Evidence:
In the result, the petition is allowed on costs as follows: The petitioner/landlord is entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2)(b), 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.G.Venugopal
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.J.Thomas
- Party Age
- 73
- Relation
- S/o
Plaintiffs Documents
Rent Agreement dated 10.10.1978, Building Tax Receipt dated 07.02.2023, Office Copy of Legal Notice, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Manaph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner is entitled to an order of eviction from the respondent.
Evidence:
The petitioner/landlord is entitled to get an order of eviction of the respondent from the petition schedule building under Sections 11(2)(b), 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to recover costs from the respondent.
Evidence:
The petitioner is entitled to get costs from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the rental agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Provides evidence of tax payment for the building in question.
Reference:
Ext.A2
Document Type:
Office copy of Lawyers notice
Submitted By:
Plaintiff
Relevance:
Serves as notice sent to the respondent regarding the eviction.
Reference:
Ext.A3
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the eviction notice by the respondent.
Reference:
Ext.A4
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Case Code
Case between K.G.Venugopal vs M.J.Thomas regarding eviction
Case Code Year
Case between K.G.Venugopal vs M.J.Thomas regarding eviction