Case Summary
The petitioners, the legal heirs of late Sankara Narayanan Bhattathirippad, filed for eviction against the respondent Muraleedranath, who is conducting a business in a commercial complex. The petitioners seek eviction to reconstruct the building to better suit the commercial needs of the locality.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the schedule building within 30 days
Case Type
Eviction Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for reconstruction of the building to align with the commercial requirements of the area.
The petitioners demonstrated a bonafide need for reconstruction of the building to align with the commercial requirements of the area.
Judgment Evidence:
In the result, the petition is allowed with costs as follows. The respondent/tenant 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, Kaloor-Kadavanthra Road, Kaloor P.O., Pin-682 017
E.S. Madhu (51 years)
Sreesylam-Edathamaramana, 37/1953, Kaloor-Kadavanthra Road, Kaloor P.O., Pin-682 017
E.S. Mahesh (49 years)
Sreesylam-Edathamaramana, 37/1953, Kaloor-Kadavanthra Road, Kaloor P.O., Pin-682 017
E.A. Sreedharan Bhattathiripad (84 years)
Rajasree-Edathamaramana, 63/477 Central School Road, Kadavanthra P.O., Pin-682 017
Nalini Antharjanam (72 years)
Rajasree-Edathamaramana, 63/477, Central School Road, Kadavanthra P.O., Pin-682 020
Defendants
Muraleedranath (58 years)
C.C. 55/1052, Ground floor, Edathamaramana shopping Complex (E.M.S. Shopping Complex), Kadavanthara, Kochi-682020
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the schedule building.
Evidence:
In these circumstances, it is found that upon considering the unchallenged oral testimony of PW1, the petitioners have proved their bonafide need of starting a supermarket after reconstructing the building complex for which it is necessary to issue an order of eviction against the respondent.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant is directed to put the landlord/petitioners in possession of the schedule building.
Evidence:
The respondent/tenant 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 respondent/tenant is directed to put the landlord/petitioners in possession of the schedule building.
Evidence:
The respondent/tenant 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:
Sent to the respondent seeking eviction of the schedule building.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the respondent taking up various untenable contentions.
Reference:
Ext.A2