Case Summary
The petitioners, Omana Charly and Jinil Chammany, seek eviction of the respondent, Judy Xavier, from a property they own, claiming a bona fide need for the space. The petitioners allege failure to pay rent by the respondent, while she disputes the claim and argues for her need to retain the property for her catering business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room
Case Type
Rental Control Petition
Final Judgment
No
The court found in favor of the petitioners, allowing the eviction of the respondent from the shop room. The respondent was ordered to vacate the premises within one month.
Why Plaintiff Won:
The petitioners presented sufficient evidence showing a bona fide need for the property.
The petitioners presented sufficient evidence showing a bona fide need for the property.
Losing Side's Weaknesses:
The petitioners presented sufficient evidence showing a bona fide need for the property.
The petitioners presented sufficient evidence showing a bona fide need for the property.
Supporting Evidence
The court found the need projected by the petitioners as genuine and bonafide, and established the landlord-tenant relationship between the petitioners and the respondent.
Judgment Evidence:
In the result, the petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, directing the respondent to give vacant possession of the petition schedule shop room to the 1st petitioner within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Omana Charly
- Party Age
- 68
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jinil Chammany
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Judy Xavier
- Party Age
- 51
- Relation
- W/o
Plaintiffs Documents
Lawyer's notice dated 05.11.2021, Reply notice dated 09.11.2021, Lease Deed MOR3/1382/04 Ag.No.29,21-22, Lease Deed MOR3/113601/2000, Ag.No.27,21-22, Lease Deed MOR3/39936/11,21-22 Ag.No.28
Defendants Documents
Certified copy of sale deed No. 2570/1998, Photographs and C.D. along with the certification.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Dileep Varghese
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Tesmy Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- A. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rajagopanan A.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.N. Manmadhan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Prabhu Murali Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Viswanadh Saleesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed with costs under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the respondent demanding payment of rent arrears.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The respondent's reply notice denying any default in payment of rent.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The report provided details supporting the petitioners' need for the property.
Reference:
Ext.C1
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Establishes the legitimacy of the business operated by the respondent.
Reference:
Ext.A3
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Another relevant document supporting the business operations of the respondent.
Reference:
Ext.A4
Document Type:
License Deed
Submitted By:
Plaintiff
Relevance:
Further evidence of business operations involving the respondent.
Reference:
Ext.A5
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Shows the rent payments and supports the claim of arrears.
Reference:
Ext.A6
Document Type:
Certified copy of Sale Deed
Submitted By:
Defendant
Relevance:
Document confronts claims of the petitioners related to property ownership.
Reference:
Ext.B1
Document Type:
Photographs and C.D.
Submitted By:
Defendant
Relevance:
Evidence concerning the respondent's business operations.
Reference:
Ext.B2
Case Classification
Case Type
Rental 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 Omana Charly et al vs Judy Xavier regarding eviction
Case Code Year
Case between Omana Charly et al vs Judy Xavier regarding eviction