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R.C.P. No.92/2020

Case between Parvathy Antharajanam et al vs Annie Varghese et al regarding eviction

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SRI. REGHUNATH N.S.
Order Date
2024-01-31
Duration
Case Closed
Wed, 01/31/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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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

Plaintiff Won
Interim Order
The court allowed the eviction petition filed by the petitioners based on their bonafide need for the property to start a supermarket, concluding that the respondents, who failed to present any objection, were not dependent on the income from the building.
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to vacate the schedule building and hand possession to the petitioners.
Case Type
Eviction
Final Judgment
No
The court allowed the eviction petition filed by the petitioners based on their bonafide need for the property to start a supermarket, concluding that the respondents, who failed to present any objection, were not dependent on the income from the building.
Why Plaintiff Won:
The petitioners established their bonafide need for the schedule building based on presented evidence.
Losing Side's Weaknesses:
The petitioners established their bonafide need for the schedule building based on presented evidence.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1, the petitioners have proved their bonafide need for starting a supermarket after reconstructing the shopping complex.

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

Parties

Party Role
Plaintiff
Party Name
Parvathy Antharajanam
Party Age
74
Relation
W/o. late E.A Sankaranarayanan Bhattathiripad
Party Role
Plaintiff
Party Name
E.S. Madhu
Party Age
51
Relation
S/o. late E.A Sankaranarayanan Bhattathiripad
Party Role
Plaintiff
Party Name
E.S. Mahesh
Party Age
49
Relation
S/o. late E.A Sankaranarayanan Bhattathiripad
Party Role
Plaintiff
Party Name
E.A. Sreedharan Bhattathiripad
Party Age
84
Party Role
Plaintiff
Party Name
Nalini Antharjanam
Party Age
72
Relation
W/o. E.A. Sreedharan Bhattathiripad
Party Role
Defendant
Party Name
Annie Varghese
Party Age
65
Relation
W/o. Late T.P. Varghese
Party Role
Defendant
Party Name
Vineesh Varghese
Relation
S/o. T.P. Varghese
Party Role
Defendant
Party Name
Smila Varghese
Relation
D/o. T.P. Varghese
Party Role
Defendant
Party Name
Mrithula Varghese
Relation
D/o. T.P. Varghese
Plaintiffs Documents
Office Copy of the lawyer notice dated 19.02.2019, Reply Notice dated 13.03.2019.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ninan John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sanjana Sara Varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ravikrishnan E.M.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Jeejan T.
Appearance Type
Exparte

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:

Case Classification

Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Need for own use
Case Code
Case between Parvathy Antharajanam et al vs Annie Varghese et al regarding eviction
Case Code Year
Case between Parvathy Antharajanam et al vs Annie Varghese et al regarding eviction

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 01/01/2020 - 12:00
Case Closed
Wed, 01/31/2024 - 12:00
From
Mon, 01/01/2024 - 12:00
To
Wed, 01/31/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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