Case Summary
Ushakumari, the petitioner, seeks eviction of her tenants, Aravind Suresh, Sathi, and Sunitha S.S, citing non-payment of rent and property damage. The case involves disputes over tenancy agreements and the condition of the rental property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the 2nd and 3rd counter petitioners from the rental property.
Case Type
Eviction Petition
Final Judgment
No
The court partially allowed the petition, granting the petitioner arrears of rent from the second and third counter petitioners and entitled her to seek eviction of the same for her bonafide requirement.
Why Plaintiff Won:
The petitioner demonstrated that the counter petitioners failed to pay rent and established a bonafide requirement for her own need.
The petitioner demonstrated that the counter petitioners failed to pay rent and established a bonafide requirement for her own need.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The testimony of PW1 was unrebutted, and 1st counter petitioner has no case that petitioner has another building in the same locality sufficient for her bonafide requirement.
Judgment Evidence:
In the result, the petition is partly allowed with costs as per the following terms: a) The 2nd and 3rd counter petitioners are hereby directed to vacate the premises of Petition Schedule Building u/s 11(2) (b) of Kerala Buildings (Lease and Rent Control) Act and surrender and put the petitioner in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ushakumari
- Party Age
- 66
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Aravind Suresh
- Party Role
- Defendant
- Party Name
- Sathi
- Party Role
- Defendant
- Party Name
- Sunitha. S.S
- Relation
- D/o
Plaintiffs Documents
Rent Agreement dated 16.09.2021, Rental Agreement dated 01.10.2022, Legal Notice dated 11.08.2023.
Defendants Documents
Attested Copy of O.P. No.2619/2022 from Hon’ble Family Court, Thiruvananthapuram, Attested Copy of objection in O.P(H.M.A)No.2619/2022 from Hon’ble Family Court, Thiruvananthapuram.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Hari.V
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Suja.S
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Beena.S
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
Petitioner sought eviction of the 2nd and 3rd counter petitioners from the petition schedule building.
Evidence:
The 2nd and 3rd counter petitioners are hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner claimed arrears of rent from the 2nd and 3rd counter petitioners.
Evidence:
The petitioner is entitled for arrears of rent at the tune of Rs.3,500/- from the 2nd and 3rd counter petitioners for period mentioned in Ext.A3 legal notice dated 11.08.2023.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the initial rental agreement between the petitioner and the 1st counter petitioner.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Evidence of the renewed rental agreement executed by the petitioner and the 2nd counter petitioner.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Document through which the petitioner demanded arrears of rent and possession of the property.
Reference:
Ext.A3
Document Type:
Acknowledgment Cards & Postal Receipts
Submitted By:
Unknown
Relevance:
Collectively serves as evidence related to the service of legal notice.
Reference:
Ext.A4 Series
Document Type:
Attested Copy of O.P. No.2619/2022
Submitted By:
Defendant
Relevance:
Document presented by the 1st counter petitioner relating to a family court petition.
Reference:
Ext.B1
Document Type:
Attested Copy of Objection in O.P(H.M.A) No.2619/2022
Submitted By:
Defendant
Relevance:
Further evidence submitted by the 1st counter petitioner in the family court case.
Reference:
Ext.B2
Case Classification
Case Type
Eviction 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
2023