Case Summary
T.V. Devaprasad, the petitioner, seeks eviction of View Point Life Styles and its partners for non-payment of rent. The petitioner claims a genuine need to use the building for his own business and indicates that the respondents have not conducted business there.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Case Type
Eviction
Final Judgment
No
The court allowed the petition for eviction, directing the respondents to vacate the premises within 30 days. The petitioner is also entitled to the costs of the petition.
Why Plaintiff Won:
The court found the petitioner's claim for eviction due to non-payment of rent justified and his need legitimate.
The court found the petitioner's claim for eviction due to non-payment of rent justified and his need legitimate.
Losing Side's Weaknesses:
The court found the petitioner's claim for eviction due to non-payment of rent justified and his need legitimate.
The court found the petitioner's claim for eviction due to non-payment of rent justified and his need legitimate.
Supporting Evidence
The unrebutted oral testimony of PW1 and Ext. A2 to A5 series established his case as pleaded by him. It shows that the rent is in arrears, as claimed by the petitioner.
Judgment Evidence:
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.V. Devaprasad
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- View Point Life Styles
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- E. Jafar Khan
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mini Jafar Khan
- Relation
- Wife of
Plaintiffs Documents
Certified copy of lease deed No.697/2013 of Maradu SRO, Office copy of Lawyer’s notice dated 05.11.2024, Original acknowledgment card, Original returned postal envelopes (3 Nos.)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sara Varghese Annie
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- John T. Sebastian
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Shibin K.F.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Indu Menon M.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aneena Roy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joseph Francis
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent/tenant 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 with costs.
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:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Printout of building tax receipt dated 20.07.2024, rejected due to lack of certification.
Reference:
Ext.A1
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of lease deed No. 697/2013 of Maradu SRO dated 06.03.2013, marked in evidence.
Reference:
Ext.A2
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Office copy of lawyer's notice dated 05.11.2024, marked in evidence.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Original acknowledgment card dated 07.11.2024, marked in evidence.
Reference:
Ext.A4
Document Type:
Returned Postal Envelopes
Submitted By:
Plaintiff
Relevance:
Original returned postal envelopes (3 in numbers) along with receipt and acknowledgment card, marked in evidence.
Reference:
Ext.A5
Case Classification
Case Type
Eviction
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.V. Devaprasad vs View Point Life Styles et al regarding Eviction
Case Code Year
Case between T.V. Devaprasad vs View Point Life Styles et al regarding Eviction