Case Summary
Smt. Radhika, the petitioner, seeks eviction of Sri.Vipin from a shop room she owns for her own business as her husband is unable to work. The respondent contends he has a longstanding arrangement with the petitioner's mother and denies being a tenant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the shop room and hand over possession to the petitioner within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition, finding the petitioner had a bona fide need for the shop room, and the respondent's objections regarding the landlord-tenant relationship were rejected.
Why Plaintiff Won:
The court established the bona fide need of the petitioner for eviction based on the evidence presented.
The court established the bona fide need of the petitioner for eviction based on the evidence presented.
Losing Side's Weaknesses:
The court established the bona fide need of the petitioner for eviction based on the evidence presented.
The court established the bona fide need of the petitioner for eviction based on the evidence presented.
Supporting Evidence
The petitioner has specifically pleaded and brought out her requirement as a bona fide one. The need of the petitioner is not challenged by the respondent even while PW1 was cross examined.
Judgment Evidence:
In the result, the petition is allowed under section 11(3) of the Act as follows; (i) The respondent is hereby directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smt. Radhika
- Party Age
- 65
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sri.Vipin
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 01.12.2011, Original rent agreement dated 01.07.2014, Original rent agreement dated 05.02.2020, Copy of lawyer’s notice dated 22.12.2022, Building tax receipt dated 16.05.2023.
Defendants Documents
Printout of License dated 01.04.2025, Receipt issued from Food Safety and Standards Authority of India dated 14.07.2022.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil S. Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rajani K.N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P. Radhika Rajasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anila Peter
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.K
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Simi S Ali
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sneha Menon
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vipin D.G.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Daniel A.J.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Manish V.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anna Rose Nambadan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is granted possession of the petition schedule building.
Evidence:
The petition is allowed under section 11(3) of the Act as follows; The respondent is hereby directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the proceedings from the respondent.
Evidence:
The petitioner is entitled to get the costs.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Proves the landlord-tenant relationship between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Proves the landlord-tenant relationship between the petitioner and the respondent.
Reference:
Ext.A2
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Proves the landlord-tenant relationship between the petitioner and the respondent.
Reference:
Ext.A3
Document Type:
Copy of Lawyer’s notice
Submitted By:
Plaintiff
Relevance:
Notifies the respondent to vacate the petition schedule building.
Reference:
Ext.A4
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer's notice by the respondent.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's reply to the notice demanding eviction.
Reference:
Ext.A6
Document Type:
Certified Copy of Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership rights of the petitioner over the property.
Reference:
Ext.A7
Document Type:
Original building tax receipt
Submitted By:
Plaintiff
Relevance:
Proves the petitioner's ownership of the property.
Reference:
Ext.A8
Document Type:
Building Certificate
Submitted By:
Plaintiff
Relevance:
Certifies the ownership of the property by the petitioner.
Reference:
Ext.A9
Document Type:
Printout of license
Submitted By:
Defendant
Relevance:
Claimed as evidence of a license but marked subject to proof.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Claimed as evidence but does not support defendant's case.
Reference:
Ext.B2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Smt. Radhika vs Sri.Vipin regarding eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Case Code Year
Case between Smt. Radhika vs Sri.Vipin regarding eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.