Case Summary
Shyla Hydrose filed a petition seeking eviction of P S Kuriakkose from a shop room she owns, claiming it is necessary for her to conduct a sanitary items business. The respondent argues that the petitioner had previously attempted eviction on similar grounds, which was dismissed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court determined the petitioner's need for the premises was genuine and proved.
The court determined the petitioner's need for the premises was genuine and proved.
Judgment Evidence:
The rent control petition is allowed under Section 11 (3) of the Act. The respondent is hereby directed to put the landlord in possession of the petition schedule building within 30 days from the date of order.
Parties Involved
Plaintiffs
Shyla Hydrose (47 years)
Chennampillil House, Kalamasseri P O, Ernakulam
Defendants
P S Kuriakkose (47 years)
Panakkal House, Ferry Road, North Kalamasseri
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent to utilize the shop for her business.
Evidence:
The rent control petition is allowed under Section 11 (3) of the Act.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Used to establish the petitioner's authority in the case.
Reference:
Ext.A1
Document Type:
Certified copy of RCP No: 171/2010
Submitted By:
Defendant
Relevance:
Cited as prior case where eviction based on the same ground was dismissed.
Reference:
Ext.B1
Document Type:
Certified copy of Objection in RCP 171/2010
Submitted By:
Defendant
Relevance:
Provided the respondent's objections in the previous eviction case.
Reference:
Ext.B2
Document Type:
Certified copy of Order in RCP 171/2010
Submitted By:
Defendant
Relevance:
Showed that the previous claim of bona fide need was found not genuine.
Reference:
Ext.B3
Document Type:
Income tax return
Submitted By:
Defendant
Relevance:
Demonstrated the defendant's income over multiple years to support his claims.
Reference:
Ext.B4 to B10