Case Summary
Erachampatt Raseena filed a petition seeking eviction of M.Sreenivasan for non-payment of rent and for possessing the shop room for her proposed footwear business. The respondent contended that he is dependent on the premises for his livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitions for eviction as the petitioner established a bona fide need for the shop rooms to start a footwear business.
Why Plaintiff Won:
Petitioner proved her bona fide need for the premises.
Petitioner proved her bona fide need for the premises.
Losing Side's Weaknesses:
Petitioner proved her bona fide need for the premises.
Petitioner proved her bona fide need for the premises.
Supporting Evidence
The petitioner has successfully proved that she bona fide require the shop room for their proposed business.
Judgment Evidence:
In the result, both petitions as RCP 81/2016 & RCP 82/2016 are allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140 to the petitioner within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Erachampatt Raseena
- Party Age
- 38
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- M.Sreenivasan
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of Tax Assessment Register, Copy of Lawyer Notice dated 28-12-2015, Reply notice dated 16-1-2016.
Defendants Documents
Copy of Profit and Loss Account of the business, Copy of Dealer Particulars.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P.Basheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.I.V.Rathish
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S.Hariharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested eviction of the respondent from the shop rooms due to bona fide need.
Evidence:
The petitioner is entitled to get an order under S. 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The petitioner sought to recover costs of the proceedings from the respondent.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
Certified copy of Tax Assessment Register was submitted to substantiate the ownership and background of the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice dated 28-12-2015 was issued to the respondent demanding the surrender of vacant possession of the shop rooms.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice dated 16-1-2016 was considered as part of the evidence regarding the communication between parties.
Reference:
Ext.A3
Document Type:
Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
Another Certified copy of Tax Assessment Register to support the claim of ownership.
Reference:
Ext.A4
Document Type:
Profit and Loss Account
Submitted By:
Defendant
Relevance:
Copy of Profit and Loss Account of the business was submitted by the respondent to demonstrate financial dependency on the shop.
Reference:
Ext.B1
Document Type:
Dealer Particulars
Submitted By:
Defendant
Relevance:
Details of dealer particulars provided by the respondent to support his business operations.
Reference:
Ext.B2
Document Type:
Rent Control Petition
Submitted By:
Defendant
Relevance:
Copy of petition with summons in RCP 44/2016 referenced by the defendant in his defense.
Reference:
Ext.B3
Document Type:
Rent Control Petition
Submitted By:
Defendant
Relevance:
Copy of petition in RCP 51/2016 mentioned to relate the ongoing disputes.
Reference:
Ext.B4
Document Type:
Rent Control Petition
Submitted By:
Defendant
Relevance:
Copy of petition in RCP 116/2016 submitted by the defendant to provide context to his prior cases.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Advocate Commissioner to provide an assessment of the property.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by Advocate Commissioner to illustrate the property layout.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Another Commission report submitted by Advocate Commissioner detailing observations.
Reference:
Ext.C3
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Another Commission plan submitted to provide further illustrative context about the property.
Reference:
Ext.C4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Erachampatt Raseena vs M.Sreenivasan regarding eviction due to bona fide need.
Case Code Year
Case between Erachampatt Raseena vs M.Sreenivasan regarding eviction due to bona fide need.