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
Why Plaintiff Won:
Petitioner demonstrated bonafide need and fulfilled legal requirements for eviction.
Petitioner demonstrated bonafide need and fulfilled legal requirements for eviction.
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
Plaintiffs
Abdul Khadar @ Bava Haji's Son (Age not specified years)
Pulikkalakath Pareekkutty Haji, 25 years, Seenmanzil. Naduvilangadi, Post Pookkayil.
Defendants
Theyyambattil Sharafudheen (Age not specified years)
Kalpakancheri amsom, Paravannoor desom, Post Kalpakancheri.
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