Case Summary
Mr. Shibu P.A. is seeking eviction of Mrs. Dhanalakshmi Rajendran from a commercial property he leased to her. The petitioner claims she made unauthorized alterations to the property and failed to vacate after being asked.
Judgment Outcome
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
The court has partially allowed the petition, directing the respondent to vacate the premises within 30 days and granting costs to the petitioner.
Why Plaintiff Won:
The court found the petitioner's need genuine based on evidence presented.
The court found the petitioner's need genuine based on evidence presented.
Losing Side's Weaknesses:
The court found the petitioner's need genuine based on evidence presented.
The court found the petitioner's need genuine based on evidence presented.
Supporting Evidence
The petitioner has established a bona fide need for the premises to conduct his business, which is supported by the evidence provided.
Judgment Evidence:
In the result, the petition is allowed in part as follows; i. The eviction sought under Section 11(3) of the Act is allowed, and the respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr. Shibu P.A.
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mrs. Dhanalakshmi Rajendran
- Party Age
- 40
- Relation
- W/o
Plaintiffs Documents
Letter dated 30.03.2024 issued by Padamugal Mahallu Muslim Jama-ath to petitioner, Photographs showing the present situation of plaint schedule property.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Thomas John Ambooken
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- B. Sajeev Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Blossom Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Syamnath J.G.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction sought under Section 11(3) of the Act
Evidence:
The eviction sought under Section 11(3) of the Act is allowed, and the respondent is directed to put the petitioner in possession of the petition schedule building within 30 days from today.
Documents & Evidence
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Letter issued by Padamugal Mahallu Muslim Jama-ath to petitioner regarding the lease
Reference:
Ext.A1
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Photograph showing the present situation of plaint schedule property
Reference:
Ext.A2
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Another photograph showing the present situation of plaint schedule property
Reference:
Ext.A3
Document Type:
Certification of Exhibits
Submitted By:
Plaintiff
Relevance:
Certification for the photograph showing the present situation of plaint schedule property
Reference:
Ext.A2(a)
Document Type:
Certification of Exhibits
Submitted By:
Plaintiff
Relevance:
Certification for another photograph showing the present situation of plaint schedule property
Reference:
Ext.A3(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Case Code
Case between Mr. Shibu P.A. vs Mrs. Dhanalakshmi Rajendran regarding eviction under the Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Mr. Shibu P.A. vs Mrs. Dhanalakshmi Rajendran regarding eviction under the Kerala Buildings (Lease and Rent Control) Act