Case Summary
Radhika, the petitioner, seeks eviction of Sini Shiju from a rented property due to a bona fide need for conducting business. Sini Shiju opposes the eviction, claiming investments in the property and citing her reliance on the business for livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner proved a bona fide need for the property under Section 11(3) of the Act.
The petitioner proved a bona fide need for the property under Section 11(3) of the Act.
Judgment Evidence:
In the result, the eviction sought under Section 11(3) of the Act is allowed as follows; (I) The respondent is here by directed to put the petitioner in possession of the petition schedule building within 30 days from the date of order, failing which the petitioner can execute the order through the process of law.
Parties Involved
Plaintiffs
Radhika (65 years years)
Ambatt House, Eroor P.O, Ernakulam District, Pin- 682 306
Defendants
Sini Shiju (40 years years)
Kolavelipadath House, Eroor P.O, Ernakulam District, Pin- 682 306
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the petitioner in possession of the petition schedule building.
Evidence:
The eviction sought under Section 11(3) of the Act is allowed.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realize the cost of the proceedings from the respondent.
Evidence:
The petitioner entitled to realize the cost of the proceedings from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement dated 13.01.2022 executed between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Copy of settlement Deed
Submitted By:
Plaintiff
Relevance:
Settlement Deed No. 578/1998 in favour of the petitioner.
Reference:
Ext.A2
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer’s notice dated 23.11.2022 demanding vacant possession.
Reference:
Ext.A3
Document Type:
Copy of Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice dated 03.12.2022.
Reference:
Ext.A4
Document Type:
Certified copy of decree
Submitted By:
Defendant
Relevance:
Certified copy of decree in O.S No. 1238/2022.
Reference:
Ext.B2
Document Type:
Certified Copy of Judgment
Submitted By:
Defendant
Relevance:
Certified copy of Judgment in O.S No. 1238/2022 of Munsiff’s Court.
Reference:
Ext.B3