Case Summary
Sujith Alexander, the petitioner, is seeking eviction of TV Moni, the respondent, from a rented residential building due to non-payment of rent for an extended period. The petitioner intends to relocate to the property to assist his elderly father and establish a physiotherapy clinic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition filed by Sujith Alexander under the Kerala Buildings (Lease and Rent Control) Act, directing the respondent, TV Moni, to vacate the premises and hand over possession to the petitioner within 30 days.
Why Plaintiff Won:
The evidence presented by the petitioner established a bona fide need for eviction under Section 11(3) of the Act.
The evidence presented by the petitioner established a bona fide need for eviction under Section 11(3) of the Act.
Losing Side's Weaknesses:
The evidence presented by the petitioner established a bona fide need for eviction under Section 11(3) of the Act.
The evidence presented by the petitioner established a bona fide need for eviction under Section 11(3) of the Act.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A2 established his case as pleaded by him. The bonafide need u/Sec. 11(3) of the Act was projected by the petitioner.
Judgment Evidence:
In the result, The petition is allowed u/s 11(3) of the Act with costs as follows:- 1.The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujith Alexander
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- TV Moni
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 06.01.2023, Copy of lawyer's notice dated 27.09.2023
Defendants Documents
Advocates
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to vacate the premises and hand over possession to the petitioner.
Evidence:
The petition is allowed u/s 11(3) of the Act with costs as follows:- 1.The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to receive costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rental agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease and the petitioner's claim.
Reference:
Ext.A1
Document Type:
Copy of Lawyer's notice
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the legal notice issued to the respondent.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Testimony from the petitioner regarding the need for possession of the property.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Sujith Alexander vs TV Moni regarding eviction of tenant
Case Code Year
Case between Sujith Alexander vs TV Moni regarding eviction of tenant