Case Summary
Harikrishnan, the petitioner, seeks to evict Mejo K.J., the respondent, from a leased property due to unauthorized subletting and material alterations to the property. The lease, originally for residential use, has been violated by the respondent using the property for commercial purposes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to vacate the premises within 30 days
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, ordering the respondent to vacate the property within 30 days. The petitioner proved the grounds for eviction based on unauthorized use and alterations to the lease agreement.
Why Plaintiff Won:
The petitioner provided unchallenged evidence of violations of the lease agreement.
The petitioner provided unchallenged evidence of violations of the lease agreement.
Losing Side's Weaknesses:
The petitioner provided unchallenged evidence of violations of the lease agreement.
The petitioner provided unchallenged evidence of violations of the lease agreement.
Supporting Evidence
Having considered the unchallenged oral testimony of PW1 and perusing Ext. A3 rent agreement dated 01.03.2019, it is evident that the petitioner and the respondent entered into a lease agreement in respect of the petition schedule building for a period of 11 months fixing the monthly rent of Rs. 19,000/-.
Judgment Evidence:
In the result, the petition is allowed with costs. The respondent/tenant is directed to put the petitioners/landlord in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Harikrishnan
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mejo K.J.
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Office copy of Lawyer Notice, Unserved cover containing Lawyer notice, Original lease Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.V. Vinod
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- T.S. Vinod
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anju Jahafer
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner seeks to evict the respondent from the petition schedule building.
Evidence:
Therefore, it is found that the petitioner has proved his case, and therefore, he is entitled to get an order of eviction against the respondent, as he prayed for.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is granted possession of the petition schedule building.
Evidence:
The respondent/tenant is directed to put the petitioners/landlord in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is granted possession of the schedule building.
Evidence:
The respondent/tenant is directed to put the petitioners/landlord in possession of the schedule building under Section 11(4)(i) of the Act within 30 days from today.
Relief Type:
Possession
Outcome:
Granted
Description:
The petitioner is granted possession of the schedule building.
Evidence:
The respondent/tenant is directed to put the petitioners/landlord in possession of the schedule building under Section 11(4)(ii) of the Act within 30 days from today.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that a notice was sent to the respondent demanding vacant possession.
Reference:
Ext.A1
Document Type:
Unserved Cover containing Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to indicate that the lawyer notice was returned unserved.
Reference:
Ext.A2
Document Type:
Original lease agreement
Submitted By:
Plaintiff
Relevance:
This document was used to establish the terms of the lease between the petitioner and the respondent.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Expiry of lease period
Case Code
Case between Harikrishnan vs Mejo K.J. regarding eviction from leased property
Case Code Year
Case between Harikrishnan vs Mejo K.J. regarding eviction from leased property