Case Summary
N. T. Baby filed a petition seeking eviction of Thuvassery Ramesh from a rented shop room due to non-payment of rent since September 2019. The petitioner claims a genuine need for the shop room for her daughter-in-law's expanding X-ray business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondent to vacate the shop room within two months. The petitioner is entitled to costs for the proceedings.
Why Plaintiff Won:
The petitioner demonstrated a genuine need for the shop room to accommodate her dependent daughter-in-law's business.
The petitioner demonstrated a genuine need for the shop room to accommodate her dependent daughter-in-law's business.
Losing Side's Weaknesses:
The petitioner demonstrated a genuine need for the shop room to accommodate her dependent daughter-in-law's business.
The petitioner demonstrated a genuine need for the shop room to accommodate her dependent daughter-in-law's business.
Supporting Evidence
The need and requirement of the petitioner to get vacant possession of the shop room is genuine and bonafide.
Judgment Evidence:
In the result, 1. The petitions are allowed u/s.11(2)(b) and 11(3) of the Act. 2. The respondents are directed to surrender vacant possession of the room within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- N. T. Baby
- Party Age
- 78
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Thuvassery Ramesh
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Rental agreement, Legal notice
Defendants Documents
Receipt of Rs.25000/-
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. B. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. K. Abhilash Bhabha
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. C. Satheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the respondent from the scheduled shop room.
Evidence:
The petitions are allowed u/s.11(2)(b) and 11(3) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner requested vacant possession of the shop room.
Evidence:
The respondents are directed to surrender vacant possession of the room within two months from the date of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of these proceedings.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
The rental agreement between the petitioner and the respondent was entered into on 01.09.2009, defining rental terms.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A legal notice sent to the respondent on 26.08.2020 calling for payment of entire arrears of rent and vacation of the premises.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of the legal notice sent by registered post.
Reference:
Ext.A2(a)
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Document evidencing the attempt to serve the legal notice to the respondent.
Reference:
Ext.A3
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Further confirmation of the effort to serve notice to the respondent.
Reference:
Ext.A4
Document Type:
License
Submitted By:
Plaintiff
Relevance:
License issued by the Kozhikode Municipal Corporation related to the business of the petitioner's daughter-in-law.
Reference:
Ext.A5
Document Type:
Registration Certificate
Submitted By:
Plaintiff
Relevance:
Certification for operation of medical diagnostic X-ray equipment issued by the Government of India.
Reference:
Ext.A6
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt allegedly issued by the petitioner for an advance security amount paid by the respondent.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral testimonies were taken from witnesses PW1 and RW1-RW2.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between N. T. Baby vs Thuvassery Ramesh regarding eviction from shop room
Case Code Year
Case between N. T. Baby vs Thuvassery Ramesh regarding eviction from shop room