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
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
Why Plaintiff Won:
The court was convinced of the petitioner's bona fide need for the property for her medical treatment.
The court was convinced of the petitioner's bona fide need for the property for her medical treatment.
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
Plaintiffs
T.S. Hema (75 years)
House No.271, Hari Nagar, Poonkunnam P.O., Thrissur District-680002
Defendants
T.R. Rajan (68 years)
building No.62/4011 in Lalitha Nagar, Iyyattil Junction, Chittoor Road, Kochi-682 011
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