R.C.P. No. 59/2023

Case between Smt. Stella Paul vs Sri. Issac et al regarding eviction under the Kerala Buildings (Lease and Rent Control) Act

Court

THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER

Judge

SMT. REEJA R. NAIR

Order Date

2025-03-28

Duration

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Case Summary

Smt. Stella Paul filed a petition seeking eviction of the respondents from a building. The sole respondent had passed away and the additional respondents, being his legal heirs, did not claim any rights over the property.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition for eviction since the original tenant had passed away and the additional respondents did not claim any rights to the premises. The petitioner was granted the relief sought.

Judgment Favored

Plaintiff

Relief Granted

Eviction of the respondents from the petition schedule building

Case Type

Rent Control Petition

Final Judgment

Why Plaintiff Won:
The respondents admitted they have no objection to granting the eviction relief.

Judgment Evidence:

In the result, the rent control petition is allowed and the petitioner is entitled to get an order of eviction under Section 11(2)(b), 11(3) and 11(4)(v) of the Act.

Parties Involved

Plaintiffs

Smt. Stella Paul (62 years) 91 Flat, Galaxy Windsor Apartment St. Sebastian's Road, Ponnurunni, Vyttila, Cochin - 682019

Defendants

Sri. Issac (58 years) C. C. No. 27/224, Koloth, K. P. Vallon Road, Kadavanthara, Cochin-682020 Mrs. Mareena (54 years) C. C. No. 27/224, Koloth, K. P. Vallon Road, Kadavanthara, Cochin-682020 Mrs. Rose (23 years) C. C. No. 27/224, Koloth, K. P. Vallon Road, Kadavanthara, Cochin-682020 Mr. John (21 years) C. C. No. 27/224, Koloth, K. P. Vallon Road, Kadavanthara, Cochin-682020

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

The petitioner is entitled to get an order of eviction under Section 11(2)(b), 11(3) and 11(4)(v) of the Act.

Evidence:

the rent control petition is allowed and the petitioner is entitled to get an order of eviction under Section 11(2)(b), 11(3) and 11(4)(v) of the Act.