Case Summary
Muthukrishnan Raman and Chandra Raman, as landlords, filed a petition against the Mushroom Farmers and by products Producers Welfare Society and its president Jose Prakash regarding the eviction of a rental property due to non-payment of arrears. The respondents defaulted on rent payments and failed to vacate the premises after a statutory notice was served.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the rental property.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the landlords due to the failure of the respondents to pay rent and vacate the property. The respondents were directed to surrender possession within one month.
Why Plaintiff Won:
The petitioners established their entitlement to relief under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act, 1965 due to non-payment of rent.
The petitioners established their entitlement to relief under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act, 1965 due to non-payment of rent.
Losing Side's Weaknesses:
The petitioners established their entitlement to relief under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act, 1965 due to non-payment of rent.
The petitioners established their entitlement to relief under the relevant sections of the Kerala Buildings (Lease and Rent Control) Act, 1965 due to non-payment of rent.
Supporting Evidence
Landlord-tenant relationship is evident from the proof affidavit filed by the petitioner. 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.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The respondents are 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
- Muthukrishnan Raman
- Party Age
- 74
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Chandra Raman
- Party Age
- 68
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mushroom Farmers and by products Producers Welfare Society
- Party Role
- Defendant
- Party Name
- Jose Prakash
- Relation
- S/o
Plaintiffs Documents
Receipt dated 28.03.2025, Land Tax receipt dated 29.03.2025, various rental agreements dated 24.08.2011, 01.01.2014, 24.01.2015, 06.04.2016, 25.05.2018, 14.11.2023, statutory legal notices dated 31.01.2025, postal receipts dated 01.02.2025, acknowledgment cards dated 04.02.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.Krishna Prasad
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Deepak Varughese Mathew
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Geethu Susan Varghese
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are hereby directed to vacate the premises of Petition Schedule Building.
Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The respondents are hereby directed to vacate the premises of Petition Schedule Building u/s 11(2) (b) of Kerala Buildings (Lease and Rent Control) Act, 1965.
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are also hereby directed to hand over vacant possession of petition schedule building to the petitioner.
Evidence:
It is hereby made clear that if the respondents deposits the arrears of rent stipulated in Exts.A9 and A10 notice within one month of this order, the order under this ground automatically stands vacated.
Documents & Evidence
Document Type:
Receipt
Submitted By:
Plaintiff
Relevance:
Computer generated copy of the receipt dated 28.03.2025 of the Thiruvananthapuram Municipal Corporation.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Copy of Land Tax receipt dated 29.03.2025.
Reference:
Ext.A2
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of the agreement dated 24.08.2011.
Reference:
Ext.A3
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of the agreement dated 01.01.2014.
Reference:
Ext.A4
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of the agreement dated 24.01.2015.
Reference:
Ext.A5
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of the agreement dated 06.04.2016.
Reference:
Ext.A6
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of the agreement dated 25.05.2018.
Reference:
Ext.A7
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original of the agreement dated 14.11.2023.
Reference:
Ext.A8
Document Type:
Statutory Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of statutory legal notice issued to the 2nd respondent dated 31.01.2025.
Reference:
Ext.A9
Document Type:
Statutory Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of statutory legal notice issued to the 3rd respondent dated 31.01.2025.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 01.02.2025.
Reference:
Ext.A11
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt dated 01.02.2025.
Reference:
Ext.A12
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card dated 04.02.2025.
Reference:
Ext.A13
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card dated 04.02.2025.
Reference:
Ext.A14
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
R.C.P.NO.
Case Code Year
2025