Case Summary
Dr. Mohana Sundaram is the petitioner seeking eviction of V. Hariharan, the tenant, from the petition schedule shoproom for the expansion of his clinic due to space constraints. The petitioner alleges that the respondent has defaulted in paying rent and does not conduct business in the petition schedule room.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule property
Case Type
Rent Control
Final Judgment
No
The court allowed the petition for eviction, granting the petitioner the right to utilize the shoproom to expand his clinic, as the necessity for more space was established.
Why Plaintiff Won:
The petitioner successfully demonstrated bonafide need for the property to expand his clinic, which was facing space constraints.
The petitioner successfully demonstrated bonafide need for the property to expand his clinic, which was facing space constraints.
Losing Side's Weaknesses:
The petitioner successfully demonstrated bonafide need for the property to expand his clinic, which was facing space constraints.
The petitioner successfully demonstrated bonafide need for the property to expand his clinic, which was facing space constraints.
Supporting Evidence
The respondent has failed to prove that the need put forward by the landlord is not a bonafide one.
Judgment Evidence:
In the result, the petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act. The respondent is directed to surrender the vacant possession of petition schedule property within a period of two months from today failing which the petitioner can get the order executed through the process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr.Mohana Sundaram
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.Hariharan
- Party Age
- 57
- Relation
- S/o
Plaintiffs Documents
Lawyer notice to respondent, Reply Notice with Postal cover, Certified copy of Order in RCP 21/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anooja A
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P.Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P.N.Sreeraj
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent from the petition schedule property.
Evidence:
Hence, the petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to recover costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document indicates the petitioner’s formal request to the respondent regarding the possession of the shoproom.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The document is the respondent's reply to the petitioner's notice, contesting the claims made.
Reference:
Ext.A2
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
This document provides a legal basis referencing past decisions relevant to the current petition.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
It contains findings regarding the condition of the property and supports the petitioner's claims.
Reference:
Ext.C1
Document Type:
Sketch in Commission report
Submitted By:
Court
Relevance:
The sketch illustrates the layout of the property in question as described in the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control
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 Dr.Mohana Sundaram vs V.Hariharan regarding eviction of tenant
Case Code Year
Case between Dr.Mohana Sundaram vs V.Hariharan regarding eviction of tenant