Case Summary
Majeeshkumar, represented by Rema M.T., seeks eviction of Suresh Ram P.A for non-payment of rent and needs the property for his own occupation. The court found that the respondent failed to pay rent and allowed the petition for eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction based on the non-payment of rent and the bona fide need of the landlord for his own occupation of the property.
Why Plaintiff Won:
The petitioner proved his case under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
The petitioner proved his case under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Losing Side's Weaknesses:
The petitioner proved his case under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
The petitioner proved his case under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Supporting Evidence
The uncorroborated evidence of PW1 and Exts. A1 to A4 series proves the case of PW1. Hence, the petitioner pleads in the rent control petition that he is in bonafide need of petition schedule building for his own occupation.
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 respondent/tenant is 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
- Majeeshkumar
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Rema M.T
- Party Age
- 65
- Relation
- W/o deceased Shyam
- Party Role
- Defendant
- Party Name
- Suresh Ram P.A
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Original power of attorney, Property tax receipt, Copy of Lawyer's notice, Original returned envelope with acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- T.K. Ajithkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswani Jyothy A.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T. Manasy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule building.
Evidence:
The petition is allowed u/S. 11(2)(b) and 11 (3) of the Act with costs.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner seeks recovery of possession of the property.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney held by the petitioner.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Property tax receipt evidencing the ownership.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer's notice demanding payment of rent.
Reference:
Ext.A3
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Original returned envelope with acknowledgment card evidencing non-receipt by the respondent.
Reference:
Ext.A4 series
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 Majeeshkumar vs Suresh Ram P.A regarding eviction and rent arrears
Case Code Year
Case between Majeeshkumar vs Suresh Ram P.A regarding eviction and rent arrears