Case Summary
The petitioner, Baby Mol Varghese, seeks to evict the respondent, V.V.Babu, from a property she claims as per a will executed by her uncle's wife. The respondent contends that the arrangement is a lease, not a license, arguing that the petitioner has no bona fide need to reclaim the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule house
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to surrender vacant possession of the property within one month. Failure to comply will result in execution through legal means.
Why Plaintiff Won:
The court found the arrangement between the petitioner and respondent to be a lease and not a license, justifying the eviction.
The court found the arrangement between the petitioner and respondent to be a lease and not a license, justifying the eviction.
Losing Side's Weaknesses:
The court found the arrangement between the petitioner and respondent to be a lease and not a license, justifying the eviction.
The court found the arrangement between the petitioner and respondent to be a lease and not a license, justifying the eviction.
Supporting Evidence
The court found that despite the respondent's claims, the nature of the agreement and the evidence presented indicated that the petitioner's need for the property was bona fide and that the arrangement was indeed a lease.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act as follows: That the respondent is directed to surrender vacant possession of the petition schedule house within one month from today, failing which the petitioner can execute the same through process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Baby Mol Varghese
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- V.V.Babu
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Certified copy of Power of Attorney, Certified copy of order in RSA 911/2008, Copy of Lawyer notice, Postal Receipt
Defendants Documents
Photograph, Ownership Certificate issued from Kattakampal Grama Panchayath, Certified copy of IA 4010/2005 in OS 589/2005
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Pratheesh.P Varghese
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.K.Sidharthan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender vacant possession of the petition schedule house.
Evidence:
the respondent is directed to surrender vacant possession of the petition schedule house within one month from today
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:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Certified copy of Power of Attorney for the petitioner.
Reference:
Ext.A1
Document Type:
Court Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in RSA 911/2008 by the Hon’ble High Court.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer notice demanding the respondent to surrender property.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for sending the lawyer notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card from the lawyer notice sent to the respondent.
Reference:
Ext.A5
Document Type:
Lawyer Notice Reply
Submitted By:
Plaintiff
Relevance:
Reply of lawyer notice from the respondent.
Reference:
Ext.A6
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photograph submitted by the respondent as evidence.
Reference:
Ext.B1
Document Type:
Ownership Certificate
Submitted By:
Defendant
Relevance:
Ownership certificate issued from Kattakampal Grama Panchayath.
Reference:
Ext.B2
Document Type:
Court Order
Submitted By:
Defendant
Relevance:
Certified copy of IA 4010/2005 in OS 589/2005 from Munsiff Court.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed after inspection of the property.
Reference:
Ext.C1
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
Sketch prepared by the Commissioner during inspection.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Baby Mol Varghese et al vs V.V.Babu regarding eviction of respondent from petition schedule property
Case Code Year
Case between Baby Mol Varghese et al vs V.V.Babu regarding eviction of respondent from petition schedule property