Case Summary
Dr.S.Krishna Kumar is the petitioner seeking possession of a residential building from the counter petitioner Manoj. The court ordered the respondent to hand over possession according to the Kerala Building (Lease & Rent Control) Act.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Possession of plaint schedule building
Case Type
Rent Control Petition
Final Judgment
No
The court determined that the respondent failed to appear or provide any explanation for their absence. Consequently, the court ordered the possession of the building to be handed over to the petitioner.
Why Plaintiff Won:
The petitioner presented a valid claim under the Kerala Building (Lease & Rent Control) Act.
The petitioner presented a valid claim under the Kerala Building (Lease & Rent Control) Act.
Losing Side's Weaknesses:
The petitioner presented a valid claim under the Kerala Building (Lease & Rent Control) Act.
The petitioner presented a valid claim under the Kerala Building (Lease & Rent Control) Act.
Supporting Evidence
The court noted that the respondent was absent with no representation or explanation provided, leading to the decision in favor of the petitioner.
Judgment Evidence:
Hence the further proceedings in RCP is hereby stopped and the respondent is directed to hand over the possession of plaint schedule building to the petitioner u/s.12(3) of Kerala Building (Lease & Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr.S.Krishna Kumar
- Party Age
- 82
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Manoj
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.Salahudeen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Kanjiramattom.T.K.Siraj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Devisree.V.J
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Nimmi Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to hand over the possession of plaint schedule building to the petitioner.
Evidence:
Hence the further proceedings in RCP is hereby stopped and the respondent is directed to hand over the possession of plaint schedule building to the petitioner u/s.12(3) of Kerala Building (Lease & Rent Control) Act.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Case Code
R.C.P.NO.
Case Code Year
2024