Case Summary
Sidharth Sankar MJ, the landlord, filed this petition against Gireesh Menon and Shyama Menon, the tenants, for eviction due to non-payment of rent and expiry of the tenancy period. The petitioner requires the property for his own residence in Thiruvananthapuram.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant and surrender of possession of the property to the landlord.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to vacate the premises within a specified period. If the arrears of rent are paid, the order may stand vacated.
Why Plaintiff Won:
The evidence presented by the petitioner established non-payment of rent and bona fide need for the property.
The evidence presented by the petitioner established non-payment of rent and bona fide need for the property.
Losing Side's Weaknesses:
Not available
Not available
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 and bonafide of the petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The 1st respondent 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
- Sidharth Sankar MJ
- Party Age
- 29
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gireesh Menon
- Party Age
- 64
- Party Role
- Defendant
- Party Name
- Shyama Menon
- Relation
- W/o
Plaintiffs Documents
Possession certificate, Loan sanction letter, Rental agreement, Statement of accounts, Legal notice dated 17.10.2024, Office copy of legal notice dated 24.01.2025.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Baji Raveendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.S Govind
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Nair Ajay Krishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Vishnu.S.Vaisakh Subodhan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sankaranarayanan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the 1st respondent from the petition schedule building.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2)(b) and 11 (3) of the Act.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
Conditional eviction based on payment of arrears.
Evidence:
It is hereby made clear that if the counter petitioner deposits the arrears of rent stipulated in Ext. A6 notice within one month of this order, the order under this ground automatically stands vacated.
Documents & Evidence
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Proof of landlord's ownership and need for premises.
Reference:
Ext.A1
Document Type:
Loan Sanction Letter
Submitted By:
Plaintiff
Relevance:
Evidence of financial capability.
Reference:
Ext.A2
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Confirmation of landlord-tenant relationship and rent terms.
Reference:
Ext.A3
Document Type:
Statement of Accounts
Submitted By:
Plaintiff
Relevance:
Details of payment history.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Documentation of landlord's demand for eviction.
Reference:
Ext.A5
Document Type:
Office copy of legal notice
Submitted By:
Plaintiff
Relevance:
Further evidence of notice issued to tenant regarding eviction.
Reference:
Ext.A6
Document Type:
WhatsApp Chat
Submitted By:
Plaintiff
Relevance:
Communication evidence between landlord and tenant.
Reference:
Ext.A7
Document Type:
WhatsApp Chat
Submitted By:
Plaintiff
Relevance:
Additional communication evidence between landlord and tenant.
Reference:
Ext.A8
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Further documentation of rent payments.
Reference:
Ext.A9
Document Type:
Statement by Secretary of Owner's Association
Submitted By:
Plaintiff
Relevance:
Official statement regarding the premises.
Reference:
Ext.A10
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
Case between Sidharth Sankar MJ vs Gireesh Menon et al regarding eviction of tenant
Case Code Year
Case between Sidharth Sankar MJ vs Gireesh Menon et al regarding eviction of tenant