Case Summary
Yamuna Chandran and her children are petitioning for eviction of K. B. Hareesh and K. B. Sabeesh from a property that belonged to their deceased husband and father. The petitioners need the property for starting a nursery, which they claim the respondents do not depend on for income.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the petition schedule shop rooms.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, directing the respondents to surrender possession of the property within one month.
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for the property and the evidence presented was unchallenged.
The petitioners demonstrated a bonafide need for the property and the evidence presented was unchallenged.
Losing Side's Weaknesses:
The petitioners demonstrated a bonafide need for the property and the evidence presented was unchallenged.
The petitioners demonstrated a bonafide need for the property and the evidence presented was unchallenged.
Supporting Evidence
The bonafide need of the petitioners is proved by the unchallenged oral testimony of the PW1.
Judgment Evidence:
In the result, the rent control petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act. That the respondent is hereby directed to surrender the vacant possession of the petition schedule shop rooms within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yamuna Chandran
- Party Age
- 79
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Seena Rajesh
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dayesh Chandran
- Party Age
- 53
- Party Role
- Defendant
- Party Name
- K. B. Hareesh
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. B. Sabeesh
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice sent by petitioner’s Advocate to respondent, Postal acknowledgment card, Postal receipt, Reply lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition for eviction of the respondent from the petition schedule shop rooms is allowed.
Evidence:
I find that the petitioner is entitled for an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the proceedings to the petitioner.
Evidence:
The respondent shall pay the costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to inform the respondent about the petitioners' claim regarding the eviction.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the lawyer notice by the respondent.
Reference:
Ext.A2
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the lawyer notice by the respondent.
Reference:
Ext.A2(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice to the respondent.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice to the respondent.
Reference:
Ext.A3(a)
Document Type:
Reply Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the reply from the respondent denying the allegations made by the petitioners.
Reference:
Ext.A4
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 Yamuna Chandran et al vs K. B. Hareesh et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Yamuna Chandran et al vs K. B. Hareesh et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act.