Case Summary
Renjini S. is seeking to evict RaphiMon M.E. from her property, a residential building in Thrikkakara Municipality, as she needs it for personal use after returning from abroad. The petitioner claims a bona fide need for the property and no representation was made by the respondent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the property and costs awarded to the petitioner.
Case Type
Eviction
Final Judgment
No
The petition was allowed, directing the respondent to vacate the property within 30 days. The petitioner was also awarded costs for the petition from the respondent.
Why Plaintiff Won:
The petitioner established a bona fide need for the property, which was not contradicted by any evidence from the respondent.
The petitioner established a bona fide need for the property, which was not contradicted by any evidence from the respondent.
Losing Side's Weaknesses:
The petitioner established a bona fide need for the property, which was not contradicted by any evidence from the respondent.
The petitioner established a bona fide need for the property, which was not contradicted by any evidence from the respondent.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext.A1 established her case as pleaded by her. The bonafide need of getting back the petition schedule building for personal residential use is pleaded, as she has no other suitable or vacant property available for that purpose.
Judgment Evidence:
In the result, the petition is allowed u/s 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Renjini S.
- Party Age
- 46
- Relation
- W/o.
- Party Role
- Defendant
- Party Name
- RaphiMon M.E.
- Party Age
- 39
- Relation
- S/o.
Plaintiffs Documents
Copy of Rental agreement dated 01.07.2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Johnson Abraham
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Nelson Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is entitled to reclaim possession of the petition schedule building.
Evidence:
In the result, the petition is allowed u/s 11(3) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Filed in support of the petitioner's claim for eviction based on bona fide need.
Reference:
Ext.A1
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Owner requires property for own use
Case Code
Case between Renjini S. vs RaphiMon M.E. regarding eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act 1965
Case Code Year
Case between Renjini S. vs RaphiMon M.E. regarding eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act 1965