Case Summary
The petitioners, Udayabhanu MK, Ajith MK, and Dijendran MK, seek eviction of the respondent, MP Premanandan, regarding a shop room rented out for a jewellery business. They allege non-payment of rent and the need for additional accommodation for their hotel business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents allowed; respondents to surrender possession within three months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition in part, granting eviction under Sections 11(2)(b) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act while disallowing eviction under Section 11(3).
Why Plaintiff Won:
The petitioners proved the necessity for eviction based on non-payment of rent and the requirement for additional accommodation.
The petitioners proved the necessity for eviction based on non-payment of rent and the requirement for additional accommodation.
Losing Side's Weaknesses:
The petitioners proved the necessity for eviction based on non-payment of rent and the requirement for additional accommodation.
The petitioners proved the necessity for eviction based on non-payment of rent and the requirement for additional accommodation.
Supporting Evidence
Considering the said fact, I am of the view that the petitioners are entitled to get eviction under Section 11(2)(b) of the Act.
Judgment Evidence:
In the result, the petition is allowed in part as follows: 1. Eviction of the respondents on the ground of bonafide need under Section 11(3) of the Act is disallowed. 2. Eviction of the respondents is allowed under Section 11(2)(b) and 11(8) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Udayabhanu MK
- Party Age
- 61
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ajith MK
- Party Age
- 57
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dijendran MK
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- MP Premanandan
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- MP Atmanandan
- Party Age
- 68
- Party Role
- Defendant
- Party Name
- MP Premkumar
- Party Age
- 44
- Party Role
- Defendant
- Party Name
- MP Sadanandan
- Party Age
- 42
Plaintiffs Documents
Certified copy of will No. 18/2001 executed by MK Vasudevan, Koolie kychit No. 2441/1986 executed by Premanandhan in favour of Vasudevan.
Defendants Documents
GST returns of the Nithyananda Jewllary for the years 2019-2025.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.BVM Rafi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. KB Sivaramakrishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents on the ground of bonafide need under Section 11(2)(b) and 11(8) of the Act.
Evidence:
Eviction of the respondents is allowed under Section 11(2)(b) and 11(8) of the Act.
Relief Type:
Eviction
Outcome:
Refused
Description:
Eviction of the respondents on the ground of bonafide need under Section 11(3).
Evidence:
Eviction of the respondents on the ground of bonafide need under Section 11(3) of the Act is disallowed.
Documents & Evidence
Document Type:
Will Deed
Submitted By:
Plaintiff
Relevance:
Establishes ownership of the petition schedule property.
Reference:
Ext.A1
Document Type:
Koolie kychit
Submitted By:
Plaintiff
Relevance:
Details agreement of rental terms with the respondent.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notifies respondent of arrears and demand for eviction.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of lawyer notice.
Reference:
Ext.A5
Document Type:
Lawyer Notice Reply
Submitted By:
Plaintiff
Relevance:
Response from respondent to the lawyer notice.
Reference:
Ext.A6
Document Type:
Demand Draft
Submitted By:
Plaintiff
Relevance:
Related to rent arrears payment attempt by the respondent.
Reference:
Ext.A7
Document Type:
Right to Information response
Submitted By:
Plaintiff
Relevance:
Contains information relevant to the case.
Reference:
Ext.A8
Document Type:
Decreetal order
Submitted By:
Court
Relevance:
Previous court order relevant to the plaintiff's claims.
Reference:
Ext.A9
Document Type:
Trade licence
Submitted By:
Plaintiff
Relevance:
Supports the respondent’s business activity in the property.
Reference:
Ext.A10
Document Type:
Right to Information response
Submitted By:
Plaintiff
Relevance:
Further information related to the case.
Reference:
Ext.A11
Document Type:
Photograph
Submitted By:
Plaintiff
Relevance:
Visual evidence supporting the petitioners' claims.
Reference:
Ext.A12
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property by the petitioners.
Reference:
Ext.A13
Document Type:
Encumbrance certificate
Submitted By:
Plaintiff
Relevance:
Confirms the ownership status of the property.
Reference:
Ext.A14
Document Type:
License certificate
Submitted By:
Plaintiff
Relevance:
Supports claims about the petitioners' business.
Reference:
Ext.A15
Document Type:
Paper publication
Submitted By:
Plaintiff
Relevance:
Gives public notice of relevant events concerning the case.
Reference:
Ext.A17
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Visual evidence submitted by the defendant.
Reference:
Ext.B1
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Visual evidence submitted by the defendant.
Reference:
Ext.B2
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Visual evidence submitted by the defendant.
Reference:
Ext.B3
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Visual evidence submitted by the defendant.
Reference:
Ext.B4
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Visual evidence submitted by the defendant.
Reference:
Ext.B5
Document Type:
Reconstituted Partnership Deed
Submitted By:
Defendant
Relevance:
Details of the partnership structure relevant to the case.
Reference:
Ext.B6
Document Type:
GST returns
Submitted By:
Defendant
Relevance:
Financial evidence for the defendant's business.
Reference:
Ext.B7
Document Type:
GST returns
Submitted By:
Defendant
Relevance:
Financial evidence for the defendant's business.
Reference:
Ext.B8
Document Type:
GST returns
Submitted By:
Defendant
Relevance:
Financial evidence for the defendant's business.
Reference:
Ext.B9
Document Type:
GST returns
Submitted By:
Defendant
Relevance:
Financial evidence for the defendant's business.
Reference:
Ext.B10
Document Type:
GST returns
Submitted By:
Defendant
Relevance:
Financial evidence for the defendant's business.
Reference:
Ext.B11
Document Type:
GST returns
Submitted By:
Defendant
Relevance:
Financial evidence for the defendant's business.
Reference:
Ext.B12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Inspection report relevant for the case.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Plan related to the commissioner's inspection.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Udayabhanu MK et al vs MP Premanandan et al regarding eviction of tenant
Case Code Year
Case between Udayabhanu MK et al vs MP Premanandan et al regarding eviction of tenant
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque issued towards legally enforceable debt