Case Summary
Sumitha R filed a petition for eviction against Vinod S under the Kerala Building (Lease and Rent Control) Act. Sumitha, the owner of a building complex, sought to regain possession of the property after the lease agreement with Vinod expired.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Eviction Petition
Final Judgment
No
The court allowed Sumitha R's petition for eviction, ordering Vinod S to vacate the property. Sumitha was also awarded costs from Vinod.
Why Plaintiff Won:
Petitioner was entitled to eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Petitioner was entitled to eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Losing Side's Weaknesses:
Petitioner was entitled to eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Petitioner was entitled to eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Supporting Evidence
From the unchallenged oral and documentary evidence, I am of the view that petitioner was entitled to get an order of eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Judgment Evidence:
In the result, the petition was allowed on costs as follows: 1. The petitioner/landlord was entitled to get an order of eviction of the respondent from the petition schedule building under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sumitha R
- Party Age
- 46
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Vinod S
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Settlement Deed No.2312/2013, Municipal building tax receipt for the year 2015-2016 to 2021-2022, Office Copy of Legal Notice, Original Postal receipt, Original A/D Card, Original reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.S Renjith
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjana Nivas
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction of the respondent from the petition schedule building.
Evidence:
The petition was allowed on costs as follows: 1. The petitioner/landlord was entitled to get an order of eviction of the respondent from the petition schedule building under Section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs from the respondent.
Evidence:
The petitioner was entitled to get costs from the respondent.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Establishes the petitioner's ownership of the building.
Reference:
Ext.A1
Document Type:
Municipal Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the assessment of the property in the petitioner's name.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notification of lease termination to the respondent.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the respondent.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice by the respondent.
Reference:
Ext.A5
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The respondent's response indicating intention not to vacate.
Reference:
Ext.A6
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Vaikom
Common Reasons
Non-payment of rent
Case Code
RCP
Case Code Year
2022