Case Summary
Abdul Khadar filed a petition seeking eviction of rented rooms from the respondent in order to start a Super Market and Home Appliance business. The respondent failed to vacate the premises even after receiving a lawyer notice, leading to the court order for eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for vacant possession of the shop rooms
Case Type
Eviction under Kerala Building (Lease and Rent) Control Act, 1965
Final Judgment
No
The court granted an order for the respondent to vacate the shop rooms within three months under Section 11(3) of the Act.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Supporting Evidence
Considering the materials on record, the petitioner is in bonafide need of the petition schedule rooms for starting a supermarket and business on home appliances.
Judgment Evidence:
In the result petition is allowed as follows. I. Directing the respondent herein to give vacant possession of the petition schedule shop rooms to the petitioner within three months from the date of this order under 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Khadar
- Party Role
- Defendant
- Party Name
- Theyyambattil Sharafudheen
Plaintiffs Documents
Ext.A1: 06-12-2000 Rent Agreement, Ext.A2: 27-04-2015 Lawyer notice with acknowledgment card and receipt
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Vacant possession of the shop rooms
Evidence:
In the result petition is allowed as follows. I. Directing the respondent herein to give vacant possession of the petition schedule shop rooms to the petitioner within three months from the date of this order under 11(3) of the Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proves the rental agreement dates for the shop rooms
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Legal notice demanding vacant possession of the shop rooms
Reference:
Ext.A2
Case Classification
Case Type
Eviction under Kerala Building (Lease and Rent) Control Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Unauthorized occupation
Case Code
Case between Abdul Khadar et al vs Theyyambattil Sharafudheen et al regarding eviction for super Market and Home Appliance business
Case Code Year
Case between Abdul Khadar et al vs Theyyambattil Sharafudheen et al regarding eviction for super Market and Home Appliance business