Case Summary
P.P.Andru and P.P.Jaseela, the petitioners, are seeking eviction of the respondent Olakkotte Prsanthan from the premises they own. The petitioners claim they need the premises for a new business venture.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and possession of the premises granted to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction against the respondent and granted the petitioners possession of the premises.
Why Plaintiff Won:
The need for the premises for a new business was established as bona fide by the petitioners.
The need for the premises for a new business was established as bona fide by the petitioners.
Losing Side's Weaknesses:
The need for the premises for a new business was established as bona fide by the petitioners.
The need for the premises for a new business was established as bona fide by the petitioners.
Supporting Evidence
The first petitioner has categorically and specifically asserted his bonafide need and the circumstances that led to the filing of the rent control petition.
Judgment Evidence:
In the result, the rent control petition is allowed under section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.P.Andru
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- P.P.Jaseela
- Party Age
- 36
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Olakkotte Prsanthan
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Lawyer notice dated 03.04.2023, Reply notice dated 16.04.2023.
Defendants Documents
Income Tax Returns and certificates related to business activities.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Henna.K.A
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The rent control petition is allowed under section 11 (3), of the Kerala Buildings (Lease and Rent Control) Act 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the proceedings to be paid to the petitioner.
Evidence:
I find no reason to deviate from the normal rule. The point is answered in favour of the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice calling upon the respondent to vacate the premises.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the respondent.
Reference:
Ext.A1(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of the lawyer notice by the respondent.
Reference:
Ext.A1(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the respondent's counsel to the lawyer notice.
Reference:
Ext.A2
Document Type:
Income tax return
Submitted By:
Defendant
Relevance:
Proof of income for the assessment years 2019-2020 to 2024-2025.
Reference:
Ext.B1 - Ext.B6
Document Type:
Certificate from Star Health Insurance
Submitted By:
Defendant
Relevance:
Certification of the respondent's affiliation with Star Health Insurance.
Reference:
Ext.B7
Document Type:
Award of Excellence Certificate
Submitted By:
Defendant
Relevance:
Recognition received by the respondent from the Life Insurance Corporation.
Reference:
Ext.B8
Document Type:
Certificate of Membership
Submitted By:
Defendant
Relevance:
Membership certifications from Life Insurance Corporation for specific years.
Reference:
Ext.B9 - Ext.B10
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between P.P.Andru et al vs Olakkotte Prsanthan regarding eviction under rent control laws
Case Code Year
Case between P.P.Andru et al vs Olakkotte Prsanthan regarding eviction under rent control laws