Case Summary
Devasya, the petitioner, seeks eviction of the respondent, V. K.Sasi, from a shop room for non-payment of rent and for starting a business. The respondent contests the eviction on various grounds, including claims of regular payment of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room and costs awarded to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by Devasya against V. K.Sasi. The court directed the respondent to vacate the petition schedule room within two months.
Why Plaintiff Won:
The petitioner established that the respondent had defaulted in rent payments and demonstrated a bonafide need for the premises.
The petitioner established that the respondent had defaulted in rent payments and demonstrated a bonafide need for the premises.
Losing Side's Weaknesses:
The petitioner established that the respondent had defaulted in rent payments and demonstrated a bonafide need for the premises.
The petitioner established that the respondent had defaulted in rent payments and demonstrated a bonafide need for the premises.
Supporting Evidence
The court found that the relationship between the petitioner and respondent is that of landlord and tenant, and that the petitioner made a bonafide claim for the need of the premises for business.
Judgment Evidence:
In the result, Rent Control Petition is allowed with costs as follows: The respondent is hereby directed under Section 11(2)(b) and 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Devasya
- Party Age
- 73
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V. K.Sasi
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice dated 13-08-2020, acknowledgment card.
Defendants Documents
License agreement between Antony Joseph and the respondent dated 22-01-1991.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Janil John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.B. Sivaramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner is granted eviction from the petition schedule room.
Evidence:
In the result, Rent Control Petition is allowed with costs.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of arrears of rent
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card of the lawyer notice issued
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer notice
Reference:
Ext.A1(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice issued by the respondent
Reference:
Ext.A2
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Certified copy of the sale deed proving ownership of the petition schedule room
Reference:
Ext.A3
Document Type:
Correction Deed
Submitted By:
Plaintiff
Relevance:
Correction deed related to the ownership of the property
Reference:
Ext.A4
Document Type:
Certified petition
Submitted By:
Plaintiff
Relevance:
Certified copy of the petition in RCP 100/20
Reference:
Ext.A5
Document Type:
Certified Copy of IA
Submitted By:
Plaintiff
Relevance:
Certified copy of interlocutory application in RCP 108/19
Reference:
Ext.A6
Document Type:
Certified Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in IA 2/20
Reference:
Ext.A7
Document Type:
TR Statement
Submitted By:
Plaintiff
Relevance:
Certified copy of trial statement in RCP 108/19
Reference:
Ext.A8
Document Type:
Certified Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in RCP 108/19
Reference:
Ext.A9
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Photocopy of license agreement between Moideen and K.J. Joseph
Reference:
Ext.A10
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement executed between petitioner and Moideen
Reference:
Ext.A11
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Certified copy of commission report filed in RCP 58/19
Reference:
Ext.A12
Document Type:
License Agreement
Submitted By:
Defendant
Relevance:
License agreement between Antony Joseph and the respondent
Reference:
Ext.B1
Document Type:
Discharge Summary
Submitted By:
Defendant
Relevance:
Copy of discharge summary from hospital
Reference:
Ext.B2
Document Type:
License
Submitted By:
Defendant
Relevance:
Copy of license issued by Kodenchery Grama Panchayath
Reference:
Ext.B3
Document Type:
Membership Certificate
Submitted By:
Defendant
Relevance:
Membership certificate issued by Kerala Vyapari Vyavasayi Ekopana Samithi
Reference:
Ext.B4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by advocate
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report
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
R.C.P
Case Code Year
2020