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
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.
The court was convinced of the petitioner's bona fide need for the property for her medical treatment.
Losing Side's Weaknesses:
Not available
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