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R.C.P. No. 47/2025

Case between T.K. Hariharan vs Amalu C.S. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2025-07-16
Duration
approximately-2 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, T.K. Hariharan, seeks eviction of the respondent, Amalu C.S., from a commercial property due to arrears in rent and a bona fide need for the premises. The petitioner has established that the respondent has failed to pay the owed rent and requires the property for his son's business.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the petition for eviction, ordering the respondent to vacate the property within 30 days. The court recognized the petitioner's bona fide need for the premises for his son's business.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises.
Case Type
Eviction Petition
Final Judgment
No
The court granted the petition for eviction, ordering the respondent to vacate the property within 30 days. The court recognized the petitioner's bona fide need for the premises for his son's business.
Why Plaintiff Won:
The petitioner provided evidence of rent arrears and a bona fide need for the property.
Losing Side's Weaknesses:
The petitioner provided evidence of rent arrears and a bona fide need for the property.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A1 to A3 established his case as pleaded by him. It shows that the rent is in arrears as claimed by the petitioner. The bonafide need was also projected by the petitioner's son and his wife to start a home appliance business in the petition scheduled building.

Judgment Evidence:

In the result, The petition is allowed u/s 11(2)(b) and 11(3) of the Act with costs as follows:- 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
T.K. Hariharan
Party Age
76
Relation
S/o
Party Role
Defendant
Party Name
Amalu C.S.
Party Age
38
Relation
D/o
Plaintiffs Documents
Lawyer's notice dated 30.09.2024, Original envelope containing the lawyer's notice issued to the respondent returned as 'unclaimed', Original returned envelope containing the lawyer's notice issued to the respondent as 'addressee refused.'
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Basil Mathew
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sanjana Sara varghese
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arya A.R.
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Ninan John
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Margret Maria Siju
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Evidence:
The petition is allowed u/s 11(2)(b) and 11(3) of the Act.
Relief Type: Costs
Outcome: Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.

Documents & Evidence

Document Type: Lawyer's Notice
Submitted By: Plaintiff
Relevance:
This document is a copy of the lawyer's notice sent to the respondent demanding payment of rent arrears and vacate the premises.
Reference:
Ext.A1
Document Type: Envelope containing lawyer's notice
Submitted By: Plaintiff
Relevance:
This document is the original envelope containing the lawyer's notice issued to the respondent at the petition schedule building address, which was returned as 'unclaimed'.
Reference:
Ext.A2
Document Type: Returned envelope containing lawyer's notice
Submitted By: Plaintiff
Relevance:
This document is the original returned envelope containing the lawyer's notice issued to the respondent at her residential address, which was returned as 'addressee refused'.
Reference:
Ext.A3

Case Classification

Case Type
Eviction 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 T.K. Hariharan vs Amalu C.S. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.
Case Code Year
Case between T.K. Hariharan vs Amalu C.S. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Thu, 06/15/2023 - 12:00
Case Closed
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
90%

Involved Entities

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