Case Summary
Narayanan K.C., the petitioner, seeks to evict Deepa Benny, the respondent, from a rented building due to non-payment of rent and a claimed bona fide need for his son’s business. The respondent denies the allegations and claims that all rents have been paid.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent under Section 11(2)(b) of the Act
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition under Section 11(2)(b) of the Act, stating that the respondent committed default in rent payment. The other eviction requests were rejected due to lack of evidence.
Why Plaintiff Won:
The petitioner proved that the respondent had defaulted in paying rent.
The petitioner proved that the respondent had defaulted in paying rent.
Losing Side's Weaknesses:
The petitioner proved that the respondent had defaulted in paying rent.
The petitioner proved that the respondent had defaulted in paying rent.
Supporting Evidence
It is evident that the respondent has committed default in paying the monthly rent at the rate of Rs. 27,000/- (Rupees twenty seven thousand) during the period from April 2020 to December 2020.
Judgment Evidence:
The petition is allowed under Section 11(2)(b) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Narayanan K.C.
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Deepa Benny
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Rent deed dated 01.12.2017, Demand notice dated 08.01.2020
Defendants Documents
Photographs of the building, Certificate issued from the corporation of Cochin, Edappally.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Arun Bose
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.D. Vincent
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.K. Dileepan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner's request for eviction of the respondent based on non-payment of rent.
Evidence:
The petition is allowed under Section 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Rejected
Description:
Request for eviction under Section 11(3) of the Act.
Evidence:
The eviction sought for under Section 11(3) of the Act is rejected.
Relief Type:
Eviction
Outcome:
Rejected
Description:
Request for eviction under Section 11(4)(v) of the Act.
Evidence:
The eviction sought for under Section 11(4)(v) of the Act is rejected.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Shows the terms of the rental agreement including the duty to pay monthly rent.
Reference:
Ext.A1
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Served to the respondent seeking payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal A/D Card
Submitted By:
Plaintiff
Relevance:
Proves delivery of the demand notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's reply to the demand notice denying arrears.
Reference:
Ext.A4
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.A5
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.A8
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.A9
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.A10
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph of the shop room related to the case.
Reference:
Ext.A11
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs of the building in question.
Reference:
Ext.B1
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Certificate verifying building information from the corporation.
Reference:
Ext.B2
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Certificate verifying building information from the corporation.
Reference:
Ext.B3
Document Type:
Release deed
Submitted By:
Defendant
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.B4
Document Type:
Settlement Deed
Submitted By:
Defendant
Relevance:
Certified copy relevant to ownership history.
Reference:
Ext.B5
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 Narayanan K.C. vs Deepa Benny regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965
Case Code Year
Case between Narayanan K.C. vs Deepa Benny regarding eviction under the Kerala Buildings (Lease and Rent Control) Act, 1965