Case Summary
Petitioner seeks eviction of respondent from rented rooms to start a Super Market and Home Appliance Business due to bonafide need.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of rented rooms within 2 months
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the rented rooms within 2 months as the petitioner proved bonafide need for starting a business.
Why Plaintiff Won:
Petitioner demonstrated bonafide need and fulfilled legal requirements for eviction.
Petitioner demonstrated bonafide need and fulfilled legal requirements for eviction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The burden is upon the tenant to prove that he is entitled to get benefit of both limbs of second provisos to section 11(3). Since the respondent remains exparte, the evidence adduced by the petitioner is remain unchallenged. Therefore this Court find no reason to discredit the need put forward by the petitioner and there is noting on record to non suit the petitioner under the second proviso to sec 11 (3) of the Kerala Building ( Lease & Rent Control) Act, 1965.
Judgment Evidence:
The petitioner is in need of the petition schedule rooms bonafidely and the respondent is not entitled to get any benefit of the provisos to section 11 (3) of Kerala Building (Lease & Rent Control) Act, 1965. Hence the petitioner is entitled to get vacant possession of the petition schedule rooms from the respondent under section 11 (3) of the Kerala Building (Lease & Rent Control) Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Khadar @ Bava Haji's Son
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Theyyambattil Sharafudheen
- Relation
- S/o. Late Pokkar
Plaintiffs Documents
06-12-2000 : Rent Agreement, 27-04-2015: Lawyer notice with acknowledgment card and receipt, 12-05-2015 : Reply notice
Defendants Documents
Court Exhibits - 19-12-2017 : Commission Report, 19-12-2017 : Plan
Advocates
Reliefs
Relief Type:
Vacant Possession
Outcome:
Granted
Description:
Ordered respondent to vacate the rented rooms within 2 months
Evidence:
The court ordered the respondent to give vacant possession of the petition schedule rooms to the petitioner within 2 months from the date of order.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proved the relationship between the parties and terms of the rent agreement.
Reference:
06-12-2000 : Rent Agreement
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demonstrated the petitioner's attempts to obtain vacant possession.
Reference:
27-04-2015: Lawyer notice with acknowledgment card and receipt
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Showed the respondent's response to the lawyer notice.
Reference:
12-05-2015 : Reply notice
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Unknown
Reference:
19-12-2017 : Commission Report
Document Type:
Plan
Submitted By:
Defendant
Relevance:
Unknown
Reference:
19-12-2017 : Plan
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for business purpose
Case Code
Case between Abdul Khadar et al vs Theyyambattil Sharafudheen regarding eviction for business purpose
Case Code Year
Case between Abdul Khadar et al vs Theyyambattil Sharafudheen regarding eviction for business purpose