Case Summary
James Fletcher, the petitioner, seeks eviction of Sulabha. C.S., the counter petitioner, under the Kerala Buildings (Lease & Rent Control) Act. The case revolves around the landlord-tenant relationship and the title of the property in question.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court concluded that James Fletcher has prima facie proved his title over the petition schedule property and that the landlord-tenant relationship exists between him and the counter petitioner. Therefore, the petition for eviction was deemed maintainable.
Why Plaintiff Won:
The petitioner established his ownership and the existence of the landlord-tenant relationship.
The petitioner established his ownership and the existence of the landlord-tenant relationship.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Hence it can be very well concluded that the petitioner has prima facie proved his title and over the petition schedule building and landlord-tenant relationship between the petitioner and the respondent.
Judgment Evidence:
In the result, it is found out that the Rent Control Petition is maintainable before this Rent Control court and denial of title and landlord-tenant relationship by the counter petitioner is not bonafide.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- James Fletcher
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulabha. C.S.
- Party Age
- 50
- Relation
- D/o
Plaintiffs Documents
Certified copy of Settlement Deed No.3615/1966, Death certificate of James Fletcher, Death certificate of Joyce Fletcher, Death certificate of Richard Fletcher, Legal heirship certificate of Richard Fletcher, RTI petition filed by James Fletcher dated 05.04.2022, Reply to the RTI petition filed by James Fletcher.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. A.G. Girish Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Meera Mohan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. M. Anil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Anoop.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Bajikumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Jayachandran. S.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of counter petitioner/tenant u/s. 11(2)(b) of the Kerala Buildings (Lease & Rent Control) Act 1965.
Evidence:
Hence I am of the opinion that the petitioner is having absolute title over petition schedule building and he is also having landlord-tenant relationship between the petitioner and counter petitioner.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of Settlement Deed No. 3615/1966.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of James Fletcher.
Reference:
Ext.A2
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Joyce Fletcher.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Death certificate of Richard Fletcher.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate of Richard Fletcher.
Reference:
Ext.A5
Document Type:
RTI Petition
Submitted By:
Plaintiff
Relevance:
RTI petition filed by James Fletcher dated 05.04.2022.
Reference:
Ext.A6
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Reply to the RTI petition filed by James Fletcher.
Reference:
Ext.A7
Document Type:
Collector Proceedings
Submitted By:
Plaintiff
Relevance:
Proceedings of the District Collector, Thiruvananthapuram dated 02.05.2016.
Reference:
Ext.A8
Document Type:
Valuation certificate
Submitted By:
Plaintiff
Relevance:
Valuation certificate dated 06.12.2004.
Reference:
Ext.A9
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Lease agreement dated 02.04.1993.
Reference:
Ext.A10
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Tax receipt dated 29.06.2022.
Reference:
Ext.A11
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice dated 24.01.2017.
Reference:
Ext.A12
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Thiruvananthapuram Corporation dated 24.01.2017.
Reference:
Ext.A13
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Copy of commission report in O.S 839/2017 of Munsiff-I, Thiruvananthapuram.
Reference:
Ext.A14
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Thiruvananthapuram Corporation dated 07.08.2017.
Reference:
Ext.A15
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Thiruvananthapuram Corporation dated 19.12.2017.
Reference:
Ext.A16
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Receipt issued by Thiruvananthapuram Corporation dated 01.07.2022.
Reference:
Ext.A17
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by Thiruvananthapuram Corporation dated 21.12.2019.
Reference:
Ext.A18
Document Type:
Records
Submitted By:
Plaintiff
Relevance:
Records issued by Thiruvananthapuram Corporation dated 07.08.2017 as RTI Act.
Reference:
Ext.A19
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Office copy of legal notice dated 29.01.2021.
Reference:
Ext.A20
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A21
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card.
Reference:
Ext.A22
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
Case between James Fletcher vs Sulabha. C.S. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.
Case Code Year
Case between James Fletcher vs Sulabha. C.S. regarding eviction under the Kerala Buildings (Lease & Rent Control) Act.