Case Summary
The petitioners, Omana Charly and Jinil Chammany, seek eviction of the respondent, Judy Xavier, from a property they own, claiming a bona fide need for the space. The petitioners allege failure to pay rent by the respondent, while she disputes the claim and argues for her need to retain the property for her catering business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room
Case Type
Rental Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners presented sufficient evidence showing a bona fide need for the property.
The petitioners presented sufficient evidence showing a bona fide need for the property.
Judgment Evidence:
In the result, the petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, directing the respondent to give vacant possession of the petition schedule shop room to the 1st petitioner within one month from the date of this order.
Parties Involved
Plaintiffs
Omana Charly (68 years)
Chammany house, Perumana Lane, Kaloor P.O, Pin-682017
Jinil Chammany (40 years)
Chammany house, Perumana Lane, Kaloor P.O, Pin-682017
Defendants
Judy Xavier (51 years)
Anchanikkal house, Kaloor, Kaloor P.O, Pin-682017 now residing at c/o Jayaraman, Pazhooparambil house, 664/3158, Udaya nagar, Kathrikkadavu, Kaloor P.O, Pin-682017
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the respondent demanding payment of rent arrears.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The respondent's reply notice denying any default in payment of rent.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provided details supporting the petitioners' need for the property.
Reference:
Ext.C1
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legitimacy of the business operated by the respondent.
Reference:
Ext.A3
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Another relevant document supporting the business operations of the respondent.
Reference:
Ext.A4
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Further evidence of business operations involving the respondent.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the rent payments and supports the claim of arrears.
Reference:
Ext.A6
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document confronts claims of the petitioners related to property ownership.
Reference:
Ext.B1
Document Type:
Photographs and C.D.
Submitted By:
Defendant
Relevance:
Evidence concerning the respondent's business operations.
Reference:
Ext.B2