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R.C.P. No.112/2020

Case between Parvathy Antharajanam et al vs K.T. Thomas regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SRI. REGHUNATH N.S.
Order Date
2024-01-31
Duration

Judgement document from eCourt website

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Case Summary

The petitioners, Parvathy Antharajanam and others, are seeking eviction of the respondent, K.T. Thomas, from a rental property under the Kerala Buildings (Lease and Rent Control) Act. The petitioners claim they need the property for reconstruction and their own business use.

Judgment Outcome

Plaintiff Won
Interim Order
The petition is allowed, and the respondent is directed to vacate the schedule building and hand over possession to the petitioners within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the schedule building.
Case Type
Eviction
Final Judgment
No
Why Plaintiff Won:
The petitioners proved their bonafide need for the property for reconstruction and business use.

Judgment Evidence:

The petition is allowed with costs as follows: The respondent is directed to put the landlord/petitioners in possession of the schedule building under Section 11(3) of the Act within 30 days from today.

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

K.T. Thomas (50 years) Janantha Agencies, C.C. 55/1041, Ground Floor, Edathamaramana Shopping Complex (E.M.S. Shopping Complex), Kadavathra, Kochi – 682 020

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioners sought eviction of the respondent from the schedule building.
Evidence:
the petitioners have proved their case and therefore, they are entitled to get an order eviction against the respondent.
Relief Type: Possession
Outcome: Granted
Description:
The petitioners are directed to be put in possession of the schedule building.
Evidence:
The respondent is directed to put the landlord/petitioners in possession of the schedule building under Section 11(3) of the Act within 30 days from today.
Relief Type: Possession
Outcome: Granted
Description:
The petitioners are entitled to possession of the schedule building under a different section of the act.
Evidence:
The respondent is directed to put the landlord/petitioners in possession of the schedule building under Section 11(4)(iv) of the Act within 30 days from today.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
A notice sent to the respondent regarding eviction.
Reference:
Ext.A1
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
A reply received from the respondent to the eviction notice.
Reference:
Ext.A2

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
90%

Involved Entities

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