Case Summary
Smruti Devi Sivadas filed a petition against Remya P. and Arjunan for not vacating a residential building after the rental agreement expired. The court found that the petitioner had a bonafide need for the property and allowed the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to vacate the property within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner established her claim of bonafide need supported by the unrebutted testimony and evidence.
The petitioner established her claim of bonafide need supported by the unrebutted testimony and evidence.
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 vacant possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Parties Involved
Plaintiffs
Smruti Devi Sivadas (42 years)
B-1017, Statelite Town Ship, Kakkanad West, Padamugal, Ernakulam-682 030
Defendants
Remya P. (38 years)
25/447, Thrikkakara Muncipality (B-1039), Satellite Town Ship, Kakkanad West, Ernakulam-682 030
Arjunan (Age not specified years)
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is entitled to possession of the petition schedule building.
Evidence:
The petition is allowed u/S 11(3) of the Act with costs.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realize costs of the suit from the respondent.
Evidence:
The petitioner is entitled to realize costs of the suit from the respondent.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a formal communication indicating the petitioner's intent to reclaim possession of the property.
Reference:
Ext.A1
Document Type:
A/d Card
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the delivery attempt of the lawyer's notice to the respondent.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
The oral testimony of PW1 supports the petitioner's claims regarding her need for the property.
Reference: