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R.C.P. No. 88/2023

Case between T.S. Hema vs T.R. Rajan regarding eviction under Kerala Buildings (Lease and Rent Control) Act

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR
Order Date
2024-10-09
Duration
Case Closed
Wed, 10/09/2024 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

T.S. Hema, the petitioner, seeks eviction of T.R. Rajan from a residential property due to her urgent need for the premises for medical reasons. The respondent has not paid rent and refuses to vacate despite repeated requests.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the petitioner, allowing her to regain possession of the property due to her proven bona fide need. The respondent was ordered to vacate the premises within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the property and an order to hand over possession to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner, allowing her to regain possession of the property due to her proven bona fide need. The respondent was ordered to vacate the premises within 30 days.
Why Plaintiff Won:
The court was convinced of the petitioner's bona fide need for the property for her medical treatment.
Losing Side's Weaknesses:
Not available
Supporting Evidence
This court is convinced with the bonafide need as projected by the petitioner u/section 11(3) of the Act. Nothing was brought out in evidence to discredit the same.

Judgment Evidence:

In the result, the petition is allowed in part as follows; (i) The eviction sought under Section 11(3) of the Act is allowed, and the respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
T.S. Hema
Party Age
75
Relation
W/o
Party Role
Defendant
Party Name
T.R. Rajan
Party Age
68
Relation
S/o
Plaintiffs Documents
Medical reports of PW1 issued from Amritha Institute of Medical Science and Research Centre, Kochi; Copy of lawyser's Notice dated 13.06.2023
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sally Thomas Chacko
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Nisha J.N.
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Chacko Tharakan
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Johnson Mathew Manayani
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Benhur Joseph Manayani
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction sought under Section 11(3) of the Act.
Evidence:
The eviction sought under Section 11(3) of the Act is allowed, and the respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Relief Type: Costs
Outcome: Granted
Description:
Petitioner is entitled to get the costs of the proceedings from the respondent.
Evidence:
Hence, the petitioner is entitled to get the costs.

Documents & Evidence

Document Type: Original passbook
Submitted By: Plaintiff
Relevance:
Proves the payment of rent arrears.
Reference:
Ext.A1
Document Type: Medical Reports
Submitted By: Plaintiff
Relevance:
Supports the petitioner's claim of terminal illness.
Reference:
Ext.A2 series
Document Type: Copy of complaint
Submitted By: Plaintiff
Relevance:
Documents the petitioner's complaint against the respondent.
Reference:
Ext.A3
Document Type: Certified copy of written statements
Submitted By: Plaintiff
Relevance:
Highlights the ongoing legal dispute between the parties.
Reference:
Ext.A4 series
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Details the court's decision in OS No. 217/2022.
Reference:
Ext.A5
Document Type: Copy of Lawyer's notice
Submitted By: Plaintiff
Relevance:
Documents the demand for eviction from the respondent.
Reference:
Ext.A6
Document Type: Original A/D Card
Submitted By: Plaintiff
Relevance:
Serves as proof of notice being sent.
Reference:
Ext.A7
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Contains the respondent's response to the eviction notice.
Reference:
Ext.A8

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 T.S. Hema vs T.R. Rajan regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between T.S. Hema vs T.R. Rajan regarding eviction under Kerala Buildings (Lease and Rent Control) Act

Quick Facts

Location
ERNAKULAM
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sun, 01/01/2023 - 12:00
Case Closed
Wed, 10/09/2024 - 12:00
From
Tue, 10/01/2024 - 12:00
To
Thu, 10/31/2024 - 12:00
Outcome Confidence
85%

Involved Entities

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