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
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.
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
Plaintiffs
T.V. Devaprasad (71 years years)
Tharayil House, Vyttila P.O., Kochi-682019
Defendants
View Point Life Styles (Age not specified years)
C.C. 29/783A, ground floor, Tharayil Chambers, N.H.-Bypass, Vyttila P.O., Kochi-19
E. Jafar Khan (Age not specified years)
Flat No. 801-A (4-97B-103), City green view apartments, Moodusagrai, Uduppi, Karnataka, PIN-576102
Mini Jafar Khan (Age not specified years)
Thundathil Kizhakethil House, Kannamcode, Adoor, PIN-691523
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