Case Summary
T.S. Gopakumar filed a petition against Smt. R. Minichandran concerning the possession of a building. The court determined that the counter petitioner had already handed over possession but the petitioner did not concede.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Ordered possession of the plaint schedule building to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court stopped further proceedings and directed the counter petitioner to put the petitioner in possession of the plaint schedule building.
Why Plaintiff Won:
The court found that the counter petitioner did not comply with the previous order.
The court found that the counter petitioner did not comply with the previous order.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The court noted that the case of the counter petitioner is that she has already handed over the possession of plaint schedule building to the petitioner. But the petitioner has not conceded the same.
Judgment Evidence:
Hence as per non compliance of the order in IA 1/24 dated 28-7-25, the further proceedings in this RCP is hereby stopped and the counter petitioner is directed to put the petitioner in possession of the plaint schedule building, u/s.12(3) of the Kerala Buildings (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.S. Gopakumar
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Smt. R. Minichandran
- Relation
- W/o
Plaintiffs Documents
Affidavit plaint
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Dil Mohan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Aswathy.B.L.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Hima B Nair
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The counter petitioner is directed to put the petitioner in possession of the plaint schedule building.
Evidence:
the counter petitioner is directed to put the petitioner in possession of the plaint schedule building, u/s.12(3) of the Kerala Buildings (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Affidavit
Submitted By:
Plaintiff
Relevance:
The court referred to the affidavit filed by the petitioner.
Reference:
Document Type:
Rent Deed
Submitted By:
Defendant
Relevance:
The court referenced the rent deed executed by the counter petitioner.
Reference:
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
R.C.P.NO.
Case Code Year
2024