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
The court allowed both rent control petitions, directing the respondent to vacate the premises within 30 days. The petitioner established a bona fide need for the buildings.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has established that she has genuine plans to start an opticals business and intends to use both rooms together which will come to approximately 850 sq ft for that purpose.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Shoby Maijin
- Party Age
- 44
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sherly Jose
- Relation
- W/o
Plaintiffs Documents
Copy of legal notice dated 10.03.2021, Reply notice dated 30.03.2021, Print out GST registration dated 30.05.2019, Copy of Lawyer’s notice dated 05.07.2021, Reply notice issued by the respondent dated 20.07.2021
Defendants Documents
Photographs of a building at Thoundayil Road, Original Motor driving license, Original license for the period 30.11.2020 to 29.11.2025, Printouts of IT returns for the period 2019 to 2025
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arun Luckose Abraham
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Philia Koshy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Babu Cherukara
- Appearance Type
- Main Counsel
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
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 Mrs. Shoby Maijin vs Sherly Jose regarding eviction from petition schedule buildings
Case Code Year
Case between Mrs. Shoby Maijin vs Sherly Jose regarding eviction from petition schedule buildings