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
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the schedule building.
Case Type
Eviction
Final Judgment
No
The petition is allowed, and the respondent is directed to vacate the schedule building and hand over possession to the petitioners within 30 days.
Why Plaintiff Won:
The petitioners proved their bonafide need for the property for reconstruction and business use.
The petitioners proved their bonafide need for the property for reconstruction and business use.
Losing Side's Weaknesses:
The petitioners proved their bonafide need for the property for reconstruction and business use.
The petitioners proved their bonafide need for the property for reconstruction and business use.
Supporting Evidence
The petitioners have proved their case of the petitioners that they are in bonafide need of the petition schedule building for the purpose of starting their proposed business of supermarket and also reconstruction of the shopping complex.
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
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
- K.T. Thomas
- Party Age
- 50
- Relation
- S/o. Thomas T.
Plaintiffs Documents
Office Copy of the lawyer notice dated 18.02.2019, 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
- M.V. Sabu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Teresa. C. Joseph
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Akhila Bhaskaran
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Unauthorized occupation
Case Code
Case between Parvathy Antharajanam et al vs K.T. Thomas regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Parvathy Antharajanam et al vs K.T. Thomas regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.