Case Summary
Mrs. Shoby Maijin, the petitioner, seeks eviction of Sherly Jose, the respondent, from buildings under the Kerala Buildings (Lease and Rent Control) Act. The petitioner claims a bona fide need for the premises to start an optical business, while the respondent argues that she relies on the premises for her driving school and pollution testing center.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule buildings.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner proved a bona fide need for the premises to start an optical business.
The petitioner proved a bona fide need for the premises to start an optical business.
Judgment Evidence:
R.C.P 125/2021 and R.C.P 126/2021 are allowed. The respondent in both cases is directed to surrender vacant possession of the petition schedule buildings to the petitioner under Section 11(3) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Mrs. Shoby Maijin (44 years)
Madathiparambil House, 2Y, Blue Moon Pearl, Chettichira, Vyttila, Cochin
Defendants
Sherly Jose (null years)
53/3297, 1st Floor, Adimuri House, SRA 141, Sahakarana Road, Ponnurunny, Vyttila, Cochin-19
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner sought recovery of possession of the premises.
Evidence:
R.C.P 125/2021 and R.C.P 126/2021 are allowed. The respondent in both cases is directed to surrender vacant possession of the petition schedule buildings to the petitioner under Section 11(3) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The notice served by the petitioner to the respondent demanding vacation of the premises.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
The reply notice by the respondent in response to the petitioner's legal notice.
Reference:
Ext.A2
Document Type:
GST Registration
Submitted By:
Plaintiff
Relevance:
Proof of the petitioner's registered optical business.
Reference:
Ext.A3
Document Type:
Certification
Submitted By:
Plaintiff
Relevance:
Certification confirming the validity of the GST registration.
Reference:
Ext.A3(a)
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
A subsequent notice by the petitioner demanding possession for business purposes.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
The reply notice issued by the respondent denying the petitioner's claims.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report from the advocate commissioner confirming facts related to the premises.
Reference:
Ext.C1