Case Summary
The petitioners, Sree Narayana Seva Yogam and others, seek eviction of the respondent, Majeed.P.M., from a shop room that they own, which is required for their own occupation. The respondent has illegally occupied the property without paying rent since January 2019.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the rent control petition in part, ordering the respondent to vacate the premises within 30 days and granted costs to the petitioners.
Why Plaintiff Won:
The petitioners proved their bonafide need for the premises and established that the respondent was in unlawful possession without paying rent.
The petitioners proved their bonafide need for the premises and established that the respondent was in unlawful possession without paying rent.
Losing Side's Weaknesses:
The petitioners proved their bonafide need for the premises and established that the respondent was in unlawful possession without paying rent.
The petitioners proved their bonafide need for the premises and established that the respondent was in unlawful possession without paying rent.
Supporting Evidence
The need of the petitioners was established as bonafide, as they required the shop room for constructing access to the first floor for their own occupation.
Judgment Evidence:
In the result, the petition is allowed in part under section 11(3) of the Act as follows; 1) The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sree Narayana Seva Yogam Kanjiramattom
- Relation
- Represented by
- Party Role
- Plaintiff
- Party Name
- A.N. Jayan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M.N. Sathyapalan
- Party Role
- Plaintiff
- Party Name
- K. Balakrishnan
- Party Role
- Defendant
- Party Name
- Majeed.P.M.
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Office copy of demand notice dated 20.02.2019, Original rent agreement dated 17.06.2011.
Defendants Documents
Original rent receipts dated 22.03.2025 and 28.05.2025.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- George Varghese P.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Vijeesh K.S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the petition schedule building.
Evidence:
The petition is allowed in part under section 11(3) of the Act as follows; The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioners are entitled to get the costs of the proceedings.
Evidence:
The petitioner is entitled to get the costs.
Documents & Evidence
Document Type:
Office copy of demand notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the respondent directing him to vacate the premises.
Reference:
Ext.A1
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as evidence for the issuance of the demand notice.
Reference:
Ext.A2
Document Type:
Original building tax receipt
Submitted By:
Plaintiff
Relevance:
This receipt supports the petitioners' claim of ownership of the property.
Reference:
Ext.A3
Document Type:
Original of letter issued by the petitioners to their counsel
Submitted By:
Plaintiff
Relevance:
This letter pertains to legal communications regarding the case.
Reference:
Ext.A4
Document Type:
Original of letter
Submitted By:
Plaintiff
Relevance:
This document relates to communications as part of the legal proceedings.
Reference:
Ext.A5
Document Type:
Original of estimate
Submitted By:
Plaintiff
Relevance:
This estimate relates to the construction planned by the petitioners.
Reference:
Ext.A6
Document Type:
Copy of plan
Submitted By:
Plaintiff
Relevance:
This plan shows the layout needed for the construction.
Reference:
Ext.A7
Document Type:
Office copy of demand notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the respondent during the pendency of the case.
Reference:
Ext.A8
Document Type:
Original acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of receipt of communication by the respondent.
Reference:
Ext.A9
Document Type:
Certified copy of bye-law of petitioner Seva Yogam
Submitted By:
Plaintiff
Relevance:
This document establishes the legal standing of the petitioner organization.
Reference:
Ext.A10
Document Type:
Certified copy of resolution/minutes of petitioner Seva Yogam
Submitted By:
Plaintiff
Relevance:
This document supports the authority of the petitioners to file the case.
Reference:
Ext.A11
Document Type:
Certified copy of resolution/minutes of petitioner Seva Yogam
Submitted By:
Plaintiff
Relevance:
This document is related to the administration of the petitioner organization.
Reference:
Ext.A12
Document Type:
Certified copy of minutes of managing committee of petitioner Seva Yogam
Submitted By:
Plaintiff
Relevance:
This document further establishes the petitioners' authority in the case.
Reference:
Ext.A13
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines the terms of the lease between the petitioners and the respondent.
Reference:
Ext.A14
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This is the last lease agreement that was executed.
Reference:
Ext.A15
Document Type:
Plaint in O.S No. 459/2019 of IIIrd Additional Munsiff's Court, Ernakulam
Submitted By:
Plaintiff
Relevance:
This document is related to the injunction sought by the respondent.
Reference:
Ext.A16
Document Type:
Injunction order in I.A No. 2638/2019 in O.S No. 459/2019 of IIIrd Additional Munsiff's Court, Ernakulam
Submitted By:
Plaintiff
Relevance:
This order pertains to the legal proceedings initiated by the respondent.
Reference:
Ext.A17
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides findings relevant to the rent control petition.
Reference:
Ext.C1
Document Type:
Original rent receipts
Submitted By:
Defendant
Relevance:
These receipts support the respondent's claim regarding rent payments.
Reference:
Ext.B1
Document Type:
Original postal receipts
Submitted By:
Defendant
Relevance:
These receipts pertain to communications sent by the respondent.
Reference:
Ext.B2
Document Type:
Fees receipt issued from Amballoor Grama Panchayat
Submitted By:
Defendant
Relevance:
This receipt establishes the respondent's legal dealings with the local authority.
Reference:
Ext.B3
Document Type:
Original Bill Book 2024-2025
Submitted By:
Defendant
Relevance:
This document is related to the respondent's business operations.
Reference:
Ext.B4
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 Sree Narayana Seva Yogam Kanjiramattom et al vs Majeed.P.M. regarding Eviction
Case Code Year
Case between Sree Narayana Seva Yogam Kanjiramattom et al vs Majeed.P.M. regarding Eviction