Case Summary
Kurian Abraham and others are co-owners of a building and have filed a petition against Binu P Mani, the tenant, for eviction. The petitioners seek to reclaim possession due to arrears of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3(three) months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises within three months. If not complied with, the petitioners can seek vacant possession through court.
Why Plaintiff Won:
The petitioner established their ownership and right to the property, and there was no evidence to rebut their claims.
The petitioner established their ownership and right to the property, and there was no evidence to rebut their claims.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petition averments, affidavit and the documents would establish the case of the petitioner. There is no evidence to rebut the evidence adduced on the side of the petitioner.
Judgment Evidence:
In the result, the petition is allowed as follows: The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3(three) months from today. Failing which the petitioner is at liberty to get vacant possession of the building through the process of this Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kurian Abraham
- Party Age
- 53
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jose Abraham
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aby Abraham
- Party Age
- 43
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Binu P Mani
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
True Copy of the Partition Deed hearing No. 971/1991, True Copy of the Tax Receipt, True Copy of the Judgment in O S 32/2005 of the Addl. Sub Court, Kottayam, True Copy of the Order in I A No. 1004/2012 in RFA No. 329/2012 in O S No. 32/2005 of the Additional Sub Court, Kottayam, Certified Copy of the Judgment in RFA 252/2012 in O S No. 32/2005 of the Additional Sub Court Kottayam, True Copy of the Tax receipt (Thandaper No. 6135 Muttambalam Village), Building Certificate
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P C Chacko
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Counter petitioner is directed to give vacant possession of the building.
Evidence:
The counter petitioner/respondent is directed to give vacant possession of the petition schedule building to the petitioner within 3(three) months from today.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves ownership and partition of the building in question.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Establishes recurring payment related to the property.
Reference:
Ext.A2
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Relevant prior judgment confirming petitioners' title.
Reference:
Ext.A3
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Permitted petitioners to proceed under the BRC Act.
Reference:
Ext.A4
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Appeal ruling providing context for current petition.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Further establishes duty related to the property.
Reference:
Ext.A6
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the legality and condition of the building.
Reference:
Ext.A7
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court, Kottayam
Common Reasons
Case Code
Case between Kurian Abraham et al vs Binu P Mani regarding eviction from a rented property
Case Code Year
Case between Kurian Abraham et al vs Binu P Mani regarding eviction from a rented property