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
The court allowed the petition for eviction based on the petitioner's bona fide need. The respondent was ordered to vacate the premises within 30 days.
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.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner has succeeded in proving the bona fide need as per Sec.11(3) of the Act. Hence point No.3 is found in favour of the petitioner.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Radhika
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sini Shiju
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Original Rent agreement dated 13.01.2022, Copy of Settlement Deed No. 578/1998 in favour of the petitioner, Copy of Lawyer's notice dated 23.11.2022, Copy of Reply notice dated 03.12.2022
Defendants Documents
Photocopy of police complaint dated 19.11.2022, Certified copy of decree in OS No. 1238/2022, Certified copy of Judgment in OS No. 1238/2022 of Munsiff's Court
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.C. Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K.J. Gladis
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- George Varghese P.
- Appearance Type
- Main Counsel
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
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Radhika vs Sini Shiju regarding eviction of tenant
Case Code Year
Case between Radhika vs Sini Shiju regarding eviction of tenant