Case Summary
The petitioners, P.J.Alexander and Jaisy Alexander, are seeking eviction of the respondent, Biju Varghese, from a shoproom located in Kollam. The case revolves around alleged non-payment of rent and the petitioners' need for the premises to conduct their business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the scheduled shop room
Case Type
Rent Control Petition
Final Judgment
No
The court ordered eviction of the respondent from the scheduled shoproom, citing non-payment of rent and the petitioners' bona fide need for the premises. The respondent can avoid eviction by depositing the arrears of rent within 30 days.
Why Plaintiff Won:
The petitioners provided sufficient evidence of non-payment of rent and a bona fide need for the premises.
The petitioners provided sufficient evidence of non-payment of rent and a bona fide need for the premises.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is well settled in law that it is not for the tenant to dictate to the landlord how to satisfy his needs. The bonafide need of the petitioners are evident from the Ext.C1 Series report of the commissioner.
Judgment Evidence:
The respondent is directed to put the petitioners in possession of the scheduled shop room u/s.11(2) (b) of the Act. The respondent is directed to put the petitioners in possession of the scheduled shop room within 30 days from today for the bona fide need of the petitioners u/s. 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.J.Alexander
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jaisy Alexander
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Biju Varghese
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Demand Notice dated 17-10-2023, Sale deed Nos. 2331/2022 and 3658/2006.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- John George
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jasmine.M.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sumith Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners were granted eviction from the scheduled shop room.
Evidence:
The petitioners are entitled to get an order of eviction u/s. 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction granted for the bona fide need of the petitioners.
Evidence:
Hence, the petitioners are entitled to obtain an order under Sec. 11(3) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction based on respondent's possession of sufficient alternate business premises.
Evidence:
I have no hesitation in holding that the petitioners are entitled to get an order of eviction u/s. 11(4)(iii) of the Act.
Documents & Evidence
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
The court referred to this document to establish that the respondent has defaulted in the payment of rent from April 2022 onwards.
Reference:
Ext.A2
Document Type:
Order
Submitted By:
Plaintiff
Relevance:
Cited as a previous order related to a similar case seeking eviction of the respondent from the scheduled shop rooms.
Reference:
Ext.A1
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Used to prove ownership of the property by the petitioners.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Related to the operation of a new bakery establishment which supports the petitioners' claim.
Reference:
Ext.A6
Document Type:
Petition
Submitted By:
Defendant
Relevance:
Used as reference to prior proceedings involving the respondent.
Reference:
Ext.B1
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Constitutes part of the evidence submitted by the respondent.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided evidence of the necessity of eviction based on the respondent's business operations and their impact on the scheduled shop room.
Reference:
Ext.C1 series
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Default in payment of rent
Case Code
Case between P.J.Alexander et al vs Biju Varghese regarding eviction
Case Code Year
Case between P.J.Alexander et al vs Biju Varghese regarding eviction