Case Summary
The Kerala State Federation of Scheduled Caste and Scheduled Tribes Development Co-operatives Limited filed a suit against Radhika Devi. A.L for eviction and recovery of rent arrears. The defendant was accused of failing to pay the increased rent and execute a new rent deed after the agreement expired in 2017.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to hand over vacant possession of the building to the plaintiff within a period of 3 months.
Case Type
Civil Suit
Final Judgment
No
The court partly decreed the suit, allowing the plaintiff to evict the defendant but dismissing the claim for the arrears of rent. The defendant was ordered to vacate the property within three months.
Why Plaintiff Won:
The court determined that the plaintiff required the property for its own business purposes.
The court determined that the plaintiff required the property for its own business purposes.
Losing Side's Weaknesses:
The court determined that the plaintiff required the property for its own business purposes.
The court determined that the plaintiff required the property for its own business purposes.
Supporting Evidence
The evidence also shows that DW1 has been occupying the plaint schedule property by acquiescence for several years, despite the absence of a formal rental agreement.
Judgment Evidence:
In the result; The suit is partly decreed as follows: (a)The relief for the realization of arrears of rent stands dismissed. (b)The defendant is directed to hand over vacant possession of the building to the plaintiff within a period of 3 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- The Kerala State Federation of Scheduled Caste and Scheduled Tribes Development Co-operatives Limited
- Party Role
- Defendant
- Party Name
- Radhika Devi. A.L
- Party Age
- 59
Plaintiffs Documents
Resolution No. 9 (1)/6, Rent agreement, Legal notice, Postal receipt, Postal acknowledgment card, Reply notice, Letter for demanding the arrears and for renewing the rental agreement.
Defendants Documents
Letter No. G. 2619/89/245, Rent receipt, Letter issued to the shop owners, Notice No.G.529/95, Advocate notice, Reply to Ext. B5, Rent receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Kulathoor S.V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Premakumaran Nair
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- M.B.Pratheep Kumar
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.M. Josaphath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Satheesh kumar. S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Asoka Kumar. S
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Defendant is directed to vacate the premises.
Evidence:
The defendant is directed to hand over vacant possession of the building to the plaintiff within a period of 3 months from today.
Relief Type:
Recovery
Outcome:
Refused
Description:
Plaintiff's claim for arrears of rent stands dismissed.
Evidence:
The relief for the realization of arrears of rent stands dismissed.
Documents & Evidence
Document Type:
Resolution
Submitted By:
Plaintiff
Relevance:
Indicates the decision of the director board to file a case against DW1 for eviction.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Details the terms of the rental agreement last renewed in 2017.
Reference:
Ext.A2
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
A new rent deed executed on 06/05/2016, establishing rent terms.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
The notice sent to DW1 regarding actions for eviction.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing the dispatch of the legal notice.
Reference:
Ext.A5
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card signed by DW1 for the receipt of the legal notice.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
DW1's response to the legal notice regarding rent payments.
Reference:
Ext.A7
Document Type:
Demand Letter
Submitted By:
Plaintiff
Relevance:
Letter demanding arrears and renewal of the rental agreement.
Reference:
Ext.A8
Document Type:
Copy of Letter
Submitted By:
Plaintiff
Relevance:
Copy of a letter related to rental agreements.
Reference:
Ext.A9
Document Type:
Letter
Submitted By:
Defendant
Relevance:
Indicates the original allotment of the property to DW1 and her sister.
Reference:
Ext.B1
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Document evidencing payment of rent.
Reference:
Ext.B2
Document Type:
Letter to Shop Owners
Submitted By:
Defendant
Relevance:
A communication to shop owners regarding renewal demands.
Reference:
Ext.B3
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice issued to DW1 about the demand for rent and renewal of agreement.
Reference:
Ext.B4
Document Type:
Advocate Notice
Submitted By:
Defendant
Relevance:
Legal notice sent to DW1 before filing the suit.
Reference:
Ext.B5
Document Type:
Reply to legal notice
Submitted By:
Defendant
Relevance:
This document is the defendant's reply concerning the legal notice.
Reference:
Ext.B6
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Receipt for payment of rent.
Reference:
Ext.B7
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Another receipt for the payment of rent.
Reference:
Ext.B8
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
Receipt for additional rent payment.
Reference:
Ext.B9
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Document showing payment of property tax.
Reference:
Ext.B10
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Proof of property tax payment for previous periods.
Reference:
Ext.B11
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Latest property tax receipt.
Reference:
Ext.B12
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Eviction
Case Code
OS.NO.
Case Code Year
2020