Case Summary
Manoj Kumar filed a petition for eviction against Prasannakumar, who defaulted on rent payments for a shop room since November 2019. The petitioner requires the shop for his wife's beauty parlour.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted, with provisions for the respondent to deposit arrears of rent.
Case Type
Eviction
Final Judgment
No
The court ordered the eviction of the respondent from the shop room based on non-payment of rent and the petitioner's need for the premises.
Why Plaintiff Won:
The petitioner provided clear evidence of non-payment of rent and a genuine need for the shop room.
The petitioner provided clear evidence of non-payment of rent and a genuine need for the shop room.
Losing Side's Weaknesses:
The petitioner provided clear evidence of non-payment of rent and a genuine need for the shop room.
The petitioner provided clear evidence of non-payment of rent and a genuine need for the shop room.
Supporting Evidence
The unchallenged evidence of the petitioner coupled with Exts. A1 to A11 would prove that the petitioner is entitled to get the order of eviction on the ground of 11(2)(b) arrears of rent.
Judgment Evidence:
The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Manoj Kumar
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasannakumar
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Copy of Partition Deed No. 374/2000, Rental Agreement dated 01/07/2007, 2nd Rental Agreement dated 01/11/2018, Office copy of Lawyer’s Notice dated 21/11/2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- M.K.Sankara Narayana Pillai
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction under section 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Evidence:
The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Relief Type:
Possession
Outcome:
Granted
Description:
Order to put the petitioner in possession of the scheduled shop room under section 11(2)(b) of the Act.
Evidence:
Respondent is directed to put the petitioner in possession of the scheduled shop room under section 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction order under section 11(3) for the bonafide need of the petitioner.
Evidence:
The petitioner is entitled to get an order of eviction under section 11(3) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction order under section 11(4)(v) of the Act.
Evidence:
The respondent shall hand over vacant possession of the schedule shop room within 30 days from today to the petitioner under section 11(4)(v) of the Act.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the title of the petitioner over the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
First rental agreement between the petitioner and the respondent.
Reference:
Ext.A2
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Second rental agreement which shows the counter petitioner agreed to pay a monthly rent of Rs. 4,500.
Reference:
Ext.A3
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
Copy of the plaint filed by the respondent in OS No. 634/2022.
Reference:
Ext.A4
Document Type:
Written Statement
Submitted By:
Plaintiff
Relevance:
Written statement filed by the petitioner in OS No. 634/2022.
Reference:
Ext.A5
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer notice demanding payment of arrears of rent.
Reference:
Ext.A6
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt related to the lawyer notice sent to the respondent.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by postal authorities related to the notice.
Reference:
Ext.A8
Document Type:
Demand cum disconnection notice
Submitted By:
Plaintiff
Relevance:
Notices issued by the Kerala State Electricity Board.
Reference:
Ext.A9 Series
Document Type:
Photographs
Submitted By:
Plaintiff
Relevance:
Photographs of the petition schedule building.
Reference:
Ext.A10 Series
Document Type:
Cash Bill
Submitted By:
Plaintiff
Relevance:
Cash bill related to expenses associated with the case.
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report prepared and submitted by Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report prepared and submitted by Advocate Commissioner.
Reference:
Ext.C1(a)
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Manoj Kumar vs Prasannakumar regarding eviction
Case Code Year
Case between Manoj Kumar vs Prasannakumar regarding eviction