Case Summary
The petitioners, a co-operative society and its president, seek eviction of the respondent from a rented room for their genuine need to shift their office. The respondent failed to comply with eviction notice and instead filed a suit against the petitioners.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days.
Case Type
Eviction Petition
Final Judgment
No
The court allowed the petition for eviction under the Kerala Buildings (Lease & Rent Control) Act. The respondent was directed to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners established a genuine bonafide need for the premises.
The petitioners established a genuine bonafide need for the premises.
Losing Side's Weaknesses:
The petitioners established a genuine bonafide need for the premises.
The petitioners established a genuine bonafide need for the premises.
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A1 and A2 established his case as pleaded by him. The bonafide need was projected by the petitioners.
Judgment Evidence:
In the result: The petition is allowed u/s 11(3) of the Act 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
- V.F.Varghese
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- N.P. Rajeev
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.V.Prakasan
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Original rent agreement dated 22.09.2022, Office copy of lawyer's notice dated 27.02.2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- P.P. Jacob
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Soumiya C.D.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anu V. Kuttan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Johans Jacob .P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.R. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Alphy George
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Abdulla P.A.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Devika S.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Kelwin Simen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mazin Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Jijo M.P.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aprna S1haji
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Anu Ros.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners were granted eviction of the respondent from the premises.
Evidence:
The petition is allowed u/s 11(3) of the Act as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners were granted the entitlement to realize costs from the respondent.
Evidence:
The petitioner is entitled to realize costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the tenancy agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a notification regarding the petitioners' need for the premises.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The oral testimony of the first petitioner supported the claims made in the petition.
Reference:
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Owner requires property for own use
Case Code
Case between The Amballoor Service Co-operative Bank Ltd. No. 502, Kanjiramattam Branch, Amballoor, Amballoor Village, Ernakulam et al vs P.V.Prakasan regarding eviction under the Kerala Buildings (Lease & Rent Control) Act, 1965.
Case Code Year
Case between The Amballoor Service Co-operative Bank Ltd. No. 502, Kanjiramattam Branch, Amballoor, Amballoor Village, Ernakulam et al vs P.V.Prakasan regarding eviction under the Kerala Buildings (Lease & Rent Control) Act, 1965.