Case Summary
K.N. Sreenivasan, the petitioner, seeks relief against M/s Royal Travancore Farmers Producer Company Limited and its CEO for defaulting on rent payments for leased premises. The petitioner requires the property for his unemployed daughter's tuition center.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioner to be put in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondents to vacate the leased property and put the petitioner in possession within 30 days.
Why Plaintiff Won:
The unrebutted evidence confirmed the petitioner's claims of unpaid rent and the need for the premises.
The unrebutted evidence confirmed the petitioner's claims of unpaid rent and the need for the premises.
Losing Side's Weaknesses:
The unrebutted evidence confirmed the petitioner's claims of unpaid rent and the need for the premises.
The unrebutted evidence confirmed the petitioner's claims of unpaid rent and the need for the premises.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 to A7 established his case as pleaded by him. It shows that the rent is in arrears. The bonafide need for starting a tuition center for the daughter of the petitioner was also projected by the petitioner.
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 respondents/tenants are 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
- K.N. Sreenivasan
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Royal Travancore Farmers Producer Company Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Rajesh R.
- Relation
- S/o
Plaintiffs Documents
Lawyer's notice dated 21.12.2023, Postal receipts, Acknowledgment cards, Returned postal envelope
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Mathai K.C.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner is granted possession of the petition schedule building.
Evidence:
The respondents/tenants are directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner is entitled to recover costs of the petition from the respondents.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document was used to establish that the petitioner issued a legal notice to the respondents regarding unpaid rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt demonstrates that the lawyer's notice was sent and received.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
These acknowledgment cards serve as proof that the first respondent received the lawyer's notice.
Reference:
Ext.A3 and A4
Document Type:
Postal Envelope
Submitted By:
Plaintiff
Relevance:
The returned postal envelope indicates that the second respondent refused to accept the notice.
Reference:
Ext.A5
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts are used to verify the ownership and assessment of the property.
Reference:
Ext.A6 and A7
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between K.N. Sreenivasan vs M/s Royal Travancore Farmers Producer Company Limited et al regarding lease and rent control
Case Code Year
Case between K.N. Sreenivasan vs M/s Royal Travancore Farmers Producer Company Limited et al regarding lease and rent control