Case Summary
The petitioner, Mini. G.S, is seeking eviction of the counter petitioner, M/s NCS Auto Cars Private Limited, for non-payment of rent. The case revolves around the overdue license fee and the petitioner's need for the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of counter petitioner from the premises.
Case Type
Eviction
Final Judgment
No
The petition was allowed, directing the counter petitioner to vacate the premises and surrender possession to the petitioner. Conditions were set for the counter petitioner to pay arrears to avoid eviction.
Why Plaintiff Won:
The court found sufficient evidence of non-payment of rent and the petitioner's bona fide need for the property.
The court found sufficient evidence of non-payment of rent and the petitioner's bona fide need for the property.
Losing Side's Weaknesses:
The court found sufficient evidence of non-payment of rent and the petitioner's bona fide need for the property.
The court found sufficient evidence of non-payment of rent and the petitioner's bona fide need for the property.
Supporting Evidence
The proof affidavit filed by the petitioner and the documents produced before the court are sufficient to establish non-payment of rent of the petitioner and bona fide need of the petition schedule building for his own use.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The counter petitioner is hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act, 1965 and surrender and put the petitioner in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mini. G.S
- Party Age
- 59
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- M/s NCS Auto Cars Private Limited
- Party Age
- 35
- Relation
- Represented by
Plaintiffs Documents
Original registered deed of licence No. 2511/2019, Copy of notice dated 14.04.2024, Acknowledgment card dated 16.04.2024
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- V.R Swaminathan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter petitioner is directed to vacate the premises.
Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The counter petitioner is hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act, 1965 and surrender and put the petitioner in vacant possession of the petition schedule building.
Relief Type:
Eviction
Outcome:
Granted
Description:
The counter petitioner is directed to hand over vacant possession of the petition schedule building.
Evidence:
(b) The counter petitioner is also hereby directed to hand over vacant possession of petition schedule building to the petitioner u/s 11(3) of Kerala Buildings (Lease and Rent Control) Act within one month from this order.
Documents & Evidence
Document Type:
Registered Deed of Licence
Submitted By:
Plaintiff
Relevance:
Establishes the landlord-tenant relationship and terms of the arrangement.
Reference:
Ext.A1
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Notifies the counter petitioner of the arrears and requests for payment.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms delivery of the notice to the counter petitioner.
Reference:
Ext.A3
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
Case between Mini. G.S vs M/s NCS Auto Cars Private Limited regarding eviction for non-payment of rent.
Case Code Year
Case between Mini. G.S vs M/s NCS Auto Cars Private Limited regarding eviction for non-payment of rent.