Case Summary
The petitioners are the legal heirs of late Sankara Narayanan Bhattathirippad seeking eviction of the respondents, who are the legal heirs of late T.P. Varghese, from a commercial building. The petitioners claim bonafide need for starting a supermarket in the site currently occupied by the respondents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to vacate the schedule building and hand possession to the petitioners.
Case Type
Eviction
Final Judgment
No
Why Plaintiff Won:
The petitioners established their bonafide need for the schedule building based on presented evidence.
The petitioners established their bonafide need for the schedule building based on presented evidence.
Judgment Evidence:
The petition is allowed with costs. The respondents are directed to put the landlord/petitioners in possession of the schedule building under Section 11(3) of the Act.
Parties Involved
Plaintiffs
Parvathy Antharajanam (74 years)
Sreesylam Edathamaramana, 37/1953, KaloorKadavanthra Road, Kaloor P.O., Pin 682 017
E.S. Madhu (51 years)
Sreesylam Edathamaramana, 37/1953, KaloorKadavanthra Road, Kaloor P.O., Pin 682 017
E.S. Mahesh (49 years)
Sreesylam Edathamaramana, 37/1953, KaloorKadavanthra Road, Kaloor P.O., Pin 682017
E.A. Sreedharan Bhattathiripad (84 years)
RajasreeEdathamaramana, 63/477 Central School Road, Kadavanthra P.O., Pin 682 017
Nalini Antharjanam (72 years)
RajasreeEdathamaramana, 63/477, Central School Road, Kadavanthra P.O., Pin 682 020
Defendants
Annie Varghese (65 years)
Thykatt Agencies, C.C. 55/1017, Ground floor, Edathamaramana Shopping Complex (E.M.S. Shopping Complex), Kadavanthara, Kochi682 020
Vineesh Varghese (Age not specified years)
Thykatt Agencies, C.C. 55/1017, Ground floor, Edathamaramana Shopping Complex (E.M.S. Shopping Complex), Kadavanthara, Kochi682 020
Smila Varghese (Age not specified years)
Thykatt Agencies, C.C. 55/1017, Ground floor, Edathamaramana Shopping Complex (E.M.S. Shopping Complex), Kadavanthara, Kochi682 020
Mrithula Varghese (Age not specified years)
Thykatt Agencies, C.C. 55/1017, Ground floor, Edathamaramana Shopping Complex (E.M.S. Shopping Complex), Kadavanthara, Kochi682 020
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondents from the schedule building.
Evidence:
In these circumstances, it is found that considering the unchallenged oral testimony of PW1, the petitioners have proved their case and therefore, they are entitled to get an order eviction against the respondents.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioners are directed to be put in possession of the schedule building.
Evidence:
The respondents are directed to put the landlord/petitioners in possession of the schedule building under Section 11(3) of the Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The plaintiffs sent a lawyer notice seeking vacant possession of the schedule building.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The defendants sent a reply notice stating various untenable contentions.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The oral testimony by petitioner no. 6, Rajesh E.S. was crucial in proving the plaintiffs' need for eviction.
Reference: