Case Summary
Renu Krishnan, the petitioner and landlord, seeks eviction of Mahija Vijayan, the respondent, from a shop room rented for running a bakery. The petitioner claims a bona fide need for the property to start his own business, while the respondent argues the petition is not maintainable.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent shall handover the vacant possession of the petition schedule building to the petitioner within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner, allowing the eviction on the grounds of bona fide need.
Why Plaintiff Won:
The petitioner successfully proved his bona fide need for the shop room as required for starting his own business.
The petitioner successfully proved his bona fide need for the shop room as required for starting his own business.
Losing Side's Weaknesses:
The petitioner successfully proved his bona fide need for the shop room as required for starting his own business.
The petitioner successfully proved his bona fide need for the shop room as required for starting his own business.
Supporting Evidence
Thus, on analyzing the above facts and the entire evidences available on records, this court is convinced with the bona fide need as projected by the petitioner.
Judgment Evidence:
In the result, the petition is allowed u/s 11(3) of the Kerala Buildings (Lease & Rent Control) Act. The respondent shall handover the vacant possession of the petition schedule building to the petitioner within 30 days of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Renu Krishnan
- Party Age
- 48
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sebastian Simpson P.J
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mahija Vijayan
- Party Age
- 63
- Relation
- W/o
Plaintiffs Documents
Legal notice dated 26.12.2018, Original lease agreement dated 06.01.2016, Medical certificate.
Defendants Documents
Receipt issued to R. Vijayan by P.K. Kunjiraman.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Cherian Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.Pushparajan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- T.J. Augustine
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition is allowed under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Evidence:
The petition is allowed u/s 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent shall handover the vacant possession of the petition schedule building to the petitioner within 30 days of this order.
Evidence:
The respondent shall handover the vacant possession of the petition schedule building to the petitioner within 30 days of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to realise costs of the petition from the respondent.
Evidence:
Considering the facts and circumstances of the case, petitioner is entitled to realise costs of the petition from the respondent.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the respondent for vacating the petition schedule building.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original postal acknowledgment card for the legal notice sent.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by the respondent to the petitioner.
Reference:
Ext.A3
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Original lease agreement dated 06.01.2016.
Reference:
Ext.A4
Document Type:
Joint Release Deed
Submitted By:
Plaintiff
Relevance:
Joint Release deed No. 81/2016 executed by the petitioner's family.
Reference:
Ext.A5
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Original power of attorney.
Reference:
Ext.A6
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Original building tax receipt issued by Kochin Municipal Corporation.
Reference:
Ext.A7
Document Type:
Resident Return Visa Application Status
Submitted By:
Plaintiff
Relevance:
Application status of resident return visa granted by Australian Government.
Reference:
Ext.A8
Document Type:
Passport Copy
Submitted By:
Plaintiff
Relevance:
Photocopy of the petitioner's passport.
Reference:
Ext.A9
Document Type:
Photographic Evidence
Submitted By:
Plaintiff
Relevance:
Photos of vacant rooms.
Reference:
Ext.A10
Document Type:
Photographic Evidence
Submitted By:
Plaintiff
Relevance:
Photos of vacant rooms.
Reference:
Ext.A11
Document Type:
Medical Certificate
Submitted By:
Plaintiff
Relevance:
Medical certificate from 15.01.2024.
Reference:
Ext.A12
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued to R. Vijayan, husband of the respondent.
Reference:
Ext.B1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report by Advocate Commissioner Suni Karunakaran.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs along with the commission report.
Reference:
Ext.C1(a)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report by Advocate Commissioner Amal A.R.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Bonafide requirement for own business
Case Code
Case between Renu Krishnan vs Mahija Vijayan regarding tenancy and eviction
Case Code Year
Case between Renu Krishnan vs Mahija Vijayan regarding tenancy and eviction