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R.C.P. No. 86/2021

Case between Valsala Babu et al vs Anand B.V regarding eviction under Kerala Buildings Lease & Rent Control Act

Court
THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR
Order Date
2024-11-14
Duration

Judgement document from eCourt website

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Case Summary

Valsala Babu and her daughter Anusha Babu, as petitioners, seek eviction of tenant Anand B.V from their property based on their bonafide requirement for expanding their stationery business. The respondent contests the eviction, claiming he has been a compliant tenant.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petitioners' request for eviction based on their genuine need for the premises. The respondent was ordered to vacate the property within 30 days.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The court found the petitioners' need for the premises to be genuine and bona fide, outweighing the tenant's claim.

Judgment Evidence:

In the result, 2. The rent control petition is allowed under Section 11(3) and 11(8) of the Act. 3. The respondent is hereby directed to put the landlord in possession of the petition schedule building within 30 days from the date of order.

Parties Involved

Plaintiffs

Valsala Babu (55 years years) Mambra House, S.A.Road, Poonithura Village, Kanayannur Taluk, Ernakulam, Pin-682 018 Anusha Babu (20 years years) Mambra House, S.A. Road Poonithura Village, Kanayannoor Taluk, Ernakulam, Pin-682018

Defendants

Anand B.V (54 years years) House No.32/173A, Omsainath, Appolo Road, Thammanam, Kochi-682032

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioners sought eviction of the tenant from the petition schedule room.
Evidence:
The rent control petition is allowed under Section 11(3) and 11(8) of the Act.
Relief Type: Recovery
Outcome: Granted
Description:
The petitioners are entitled to recover the cost of the proceedings from the respondent.
Evidence:
The petitioner is entitled to recover the cost of the proceedings from the respondent.

Documents & Evidence

Document Type: Visiting Card
Submitted By: Plaintiff
Relevance:
Original visiting card of the respondent.
Reference:
Ext.A1
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
Legal notice issued to the respondent to vacate the petition schedule room by 10.01.2021.
Reference:
Ext.A2
Document Type: Certified copy of Plaint
Submitted By: Plaintiff
Relevance:
Certified copy of the plaint in O.S. 870/2020.
Reference:
Ext.A3
Document Type: Certified copy of written statement
Submitted By: Plaintiff
Relevance:
Certified copy of the written statement in O.S. 870/2020.
Reference:
Ext.A4
Document Type: Certified Copy of Judgment
Submitted By: Plaintiff
Relevance:
Certified copy of the judgment in O.S. 870/2020.
Reference:
Ext.A5
Document Type: Medical Report
Submitted By: Defendant
Relevance:
Medical report of the respondent.
Reference:
Ext.B1
Document Type: Audiological Evaluation Report
Submitted By: Defendant
Relevance:
Original audiological evaluation report of the respondent.
Reference:
Ext.B2

Quick Facts

Location
Ernakulam
Case Filed
Outcome Confidence
85%

Involved Entities

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