Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
R.C.P. No. 175/2022

Case between K.C. Balakrishnan vs Vithal Bose et al regarding eviction and arrears of rent

Court
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Judge
SMT. REEJA R. NAIR.
Order Date
2024-09-13
Duration
approximately-2 years 1 month
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

K.C. Balakrishnan, the petitioner, is seeking eviction of Vithal Bose and Manjusha M. Panicker for non-payment of rent and for subletting the apartment without consent. The respondents contest the petition, claiming that there was no landlord-tenant relationship and that they vacated the premises.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition, directing the second respondent to vacate the premises within two months. The court found that the petitioner had a bonafide need for the property.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the second respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the second respondent to vacate the premises within two months. The court found that the petitioner had a bonafide need for the property.
Why Plaintiff Won:
The petitioner established the landlord-tenant relationship and demonstrated bonafide need for the premises.
Losing Side's Weaknesses:
The petitioner established the landlord-tenant relationship and demonstrated bonafide need for the premises.
Supporting Evidence
The petitioner has established that the respondents are willfully acting in collusion to delay and defeat the petitioner's rights to the property.

Judgment Evidence:

In the result, petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act directing the 2nd respondent to give vacant possession of the petition schedule shop room to the petitioner within two months from the date of this order failing which the petitioner can execute the order through the process of the Court.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
K.C. Balakrishnan
Party Age
76
Relation
S/o
Party Role
Defendant
Party Name
Vithal Bose
Party Age
58
Relation
S/o
Party Role
Defendant
Party Name
Manjusha M. Panicker
Relation
D/o
Plaintiffs Documents
Sale Deed No.2470/2008, treatment records, rent agreement
Defendants Documents
Notice of termination of lease agreement, certified copy of Judgment in W.P.(c) No.13627/2021

Advocates

Party Role
Plaintiff
Advocate Name
T. Martin Jose
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
V.A. Johnson
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Harikrishnan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Cyaric Tom
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Vinod Vallikappan
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sumitha S.
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.V.S. Nampoothiry
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Aswathi Bose
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Surabhi Surendran
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner sought eviction of the second respondent from the petition schedule building.
Evidence:
In the result, petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act directing the 2nd respondent to give vacant possession of the petition schedule shop room to the petitioner within two months from the date of this order.

Documents & Evidence

Document Type: Sale deed
Submitted By: Plaintiff
Relevance:
The document establishes the ownership of the petitioner over the petition schedule building.
Reference:
Ext.A1
Document Type: Treatment Record
Submitted By: Plaintiff
Relevance:
The document supports the petitioner's claim of bonafide need for occupying the premises due to medical treatment.
Reference:
Ext.A2
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The notice demonstrates the petitioner's request for vacant possession and payment of arrears.
Reference:
Ext.A3
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
The acknowledgment card indicates receipt of notice by the respondents.
Reference:
Ext.A4
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
The acknowledgment card indicates receipt of notice by the respondents.
Reference:
Ext.A5
Document Type: Certified copy of Plaint
Submitted By: Plaintiff
Relevance:
The document shows the legal proceedings related to the property.
Reference:
Ext.A6
Document Type: Counter affidavit
Submitted By: Plaintiff
Relevance:
The document reflects the lawyer's submission in the ongoing case concerning the property.
Reference:
Ext.A7
Document Type: Letter of Termination
Submitted By: Defendant
Relevance:
The letter shows the first respondent's claim of terminating the lease agreement and returning possession.
Reference:
Ext.B1
Document Type: Lawyer Notice
Submitted By: Defendant
Relevance:
The document is relevant to the notification sent regarding the legal matter.
Reference:
Ext.R2(c)
Document Type: Certified Copy of Judgment
Submitted By: Defendant
Relevance:
The judgment relates to the ongoing legal dispute over the property.
Reference:
Ext.R2(d)
Document Type: Certified copy of Order
Submitted By: Defendant
Relevance:
The order concerns the interim measures regarding the property.
Reference:
Ext.R3

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between K.C. Balakrishnan vs Vithal Bose et al regarding eviction and arrears of rent
Case Code Year
Case between K.C. Balakrishnan vs Vithal Bose et al regarding eviction and arrears of rent

Case Flags

Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Sat, 08/20/2022 - 12:00
Case Closed
From
Sun, 09/01/2024 - 12:00
To
Mon, 09/30/2024 - 12:00
Outcome Confidence
90%

Involved Entities

Similar Cases

Case between N.X. Joseph Jason vs Noble George regarding eviction and rent fixation
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Rent Control Petition Plaintiff Won
Case between P.R. Babu vs Reethamma Lonappan et al regarding eviction under Section 5(1) of the Kerala Buildings (Lease and Rent Control) Act.
Court of the Third Addl. Munsiff & Rent Controller, Ernakulam
Rent Control Petition Plaintiff Won
Case between Kandathil Mathew Oommen vs Eljove C. Chummar regarding compliance with rent arrears.
THE COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between Mr. Renji Cherian et al vs Mr. Mohammed Saheer Sirajudeen et al regarding eviction from rented property.
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won
Case between P.B Gopalakrishnan vs Ms. Dilshana Siyad regarding Rent Control Petition
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER
Rent Control Petition Plaintiff Won