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R.C.P. No. 125/2021

Case between Mrs. Shoby Maijin vs Sherly Jose regarding eviction from petition schedule buildings

Court
COURT OF THE THIRD ADDL. MUNSIFF & RENT CONTROLLER, ERNAKULAM
Judge
SMT. REEJA R. NAIR.
Order Date
2025-07-02
Duration
approximately-4 years 1 month
Case Closed
Wed, 07/02/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Mrs. Shoby Maijin, the petitioner, seeks eviction of Sherly Jose, the respondent, from buildings under the Kerala Buildings (Lease and Rent Control) Act. The petitioner claims a bona fide need for the premises to start an optical business, while the respondent argues that she relies on the premises for her driving school and pollution testing center.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed both rent control petitions, directing the respondent to vacate the premises within 30 days. The petitioner established a bona fide need for the buildings.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule buildings.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed both rent control petitions, directing the respondent to vacate the premises within 30 days. The petitioner established a bona fide need for the buildings.
Why Plaintiff Won:
The petitioner proved a bona fide need for the premises to start an optical business.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The petitioner has established that she has genuine plans to start an opticals business and intends to use both rooms together which will come to approximately 850 sq ft for that purpose.

Judgment Evidence:

R.C.P 125/2021 and R.C.P 126/2021 are allowed. The respondent in both cases is directed to surrender vacant possession of the petition schedule buildings to the petitioner under Section 11(3) of the Act within 30 days from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mrs. Shoby Maijin
Party Age
44
Relation
W/o
Party Role
Defendant
Party Name
Sherly Jose
Relation
W/o
Plaintiffs Documents
Copy of legal notice dated 10.03.2021, Reply notice dated 30.03.2021, Print out GST registration dated 30.05.2019, Copy of Lawyer’s notice dated 05.07.2021, Reply notice issued by the respondent dated 20.07.2021
Defendants Documents
Photographs of a building at Thoundayil Road, Original Motor driving license, Original license for the period 30.11.2020 to 29.11.2025, Printouts of IT returns for the period 2019 to 2025

Advocates

Party Role
Plaintiff
Advocate Name
George Sebastian
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Arun Luckose Abraham
Appearance Type
Assisting Counsel
Party Role
Plaintiff
Advocate Name
Philia Koshy
Appearance Type
Assisting Counsel
Party Role
Defendant
Advocate Name
Babu Cherukara
Appearance Type
Main Counsel

Reliefs

Relief Type: Recovery
Outcome: Granted
Description:
The petitioner sought recovery of possession of the premises.
Evidence:
R.C.P 125/2021 and R.C.P 126/2021 are allowed. The respondent in both cases is directed to surrender vacant possession of the petition schedule buildings to the petitioner under Section 11(3) of the Act within 30 days from today.

Documents & Evidence

Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
The notice served by the petitioner to the respondent demanding vacation of the premises.
Reference:
Ext.A1
Document Type: Reply Notice
Submitted By: Defendant
Relevance:
The reply notice by the respondent in response to the petitioner's legal notice.
Reference:
Ext.A2
Document Type: GST Registration
Submitted By: Plaintiff
Relevance:
Proof of the petitioner's registered optical business.
Reference:
Ext.A3
Document Type: Certification
Submitted By: Plaintiff
Relevance:
Certification confirming the validity of the GST registration.
Reference:
Ext.A3(a)
Document Type: Legal Notice
Submitted By: Plaintiff
Relevance:
A subsequent notice by the petitioner demanding possession for business purposes.
Reference:
Ext.A4
Document Type: Reply Notice
Submitted By: Defendant
Relevance:
The reply notice issued by the respondent denying the petitioner's claims.
Reference:
Ext.A5
Document Type: Commission Report
Submitted By: Court
Relevance:
Report from the advocate commissioner confirming facts related to the premises.
Reference:
Ext.C1

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 Mrs. Shoby Maijin vs Sherly Jose regarding eviction from petition schedule buildings
Case Code Year
Case between Mrs. Shoby Maijin vs Sherly Jose regarding eviction from petition schedule buildings

Quick Facts

Location
Ernakulam
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Case Filed
Wed, 03/10/2021 - 12:00
Case Closed
Wed, 07/02/2025 - 12:00
From
Tue, 07/01/2025 - 12:00
To
Thu, 07/31/2025 - 12:00
Outcome Confidence
100%

Involved Entities

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