Case Summary
T.K. Mathew filed a rent control petition against K.A. Bharathan for eviction of the latter from a shop he rented, citing a bonafide need to start a hardware business. The tenant contested the eviction, claiming that the landlord's need was not genuine.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition and directed the tenant to vacate the premises within 30 days. The petitioner was also granted the costs of the proceedings.
Why Plaintiff Won:
The court found the landlord's need for the building genuine and bonafide.
The court found the landlord's need for the building genuine and bonafide.
Losing Side's Weaknesses:
The court found the landlord's need for the building genuine and bonafide.
The court found the landlord's need for the building genuine and bonafide.
Supporting Evidence
The bona fide need projected by the petitioner remains unshaken during cross-examination.
Judgment Evidence:
In the result, the rent control petition is allowed under Section 11(3) of the Act. The respondent is hereby directed to put the landlord in possession of the petition schedule building within 30 days from the date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.K. Mathew @ Kunjukunju Mathew
- Party Age
- 70
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.A. Bharathan
- Relation
- S/o
Plaintiffs Documents
Demand notice dated 30.06.2023, Original reply notice dated 17.07.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.R. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.S. Letha Arun Roy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Mohammed Razdi
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- George Roy
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Lovewin Vinu
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Kurian Maxie
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rahul S.
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Krishna Bindu
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- R.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sibi Karun
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought the eviction of the respondent from the premises.
Evidence:
The rent control petition is allowed under Section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to recover the cost of the proceedings from the respondent.
Evidence:
The petitioner is entitled to recover the cost of the proceedings from the respondent.
Documents & Evidence
Document Type:
Demand Notice
Submitted By:
Plaintiff
Relevance:
Sent by the petitioner's lawyer requesting the respondent to vacate the premises by a specified date.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Received from the respondent in response to the demand notice, which contained false claims.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided evidence regarding the condition and ownership of properties involved in the case.
Reference:
Ext.C1
Document Type:
Photographs
Submitted By:
Court
Relevance:
Visual evidence of properties related to the case.
Reference:
Ext.C1(a)
Document Type:
Compact Disk
Submitted By:
Court
Relevance:
Contains the photographs produced along with Ext.C1.
Reference:
Ext.C1(b)
Document Type:
Certification
Submitted By:
Court
Relevance:
Certification of the photographs produced.
Reference:
Ext.C1(c)
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 T.K. Mathew @ Kunjukunju Mathew vs K.A. Bharathan regarding eviction of tenant
Case Code Year
Case between T.K. Mathew @ Kunjukunju Mathew vs K.A. Bharathan regarding eviction of tenant