Case Summary
Petitioners seek eviction of the respondent from the rented premises as they require the space for starting a new office for their company.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order with three months to vacate
Case Type
Eviction under Section 11(3) of the Kerala Building (Lease & Rent) Control Act, 1965
Final Judgment
No
The court granted the petitioners' request for eviction based on their genuine need for the premises for starting a new office.
Why Plaintiff Won:
Petitioners demonstrated a genuine need for the premises to start their company's office, and respondent failed to challenge the claim.
Petitioners demonstrated a genuine need for the premises to start their company's office, and respondent failed to challenge the claim.
Losing Side's Weaknesses:
Petitioners demonstrated a genuine need for the premises to start their company's office, and respondent failed to challenge the claim.
Petitioners demonstrated a genuine need for the premises to start their company's office, and respondent failed to challenge the claim.
Supporting Evidence
The respondent has to establish the ingredient of both provisos in order to claim the benefit of both provisos. Since the respondents opted to remain ex parte ,the evidence adduced by the petitioners remained unchallenged. Therefore I find no reason to disbelieve the bonafide needs put forward by the petitioner.
Judgment Evidence:
In the result petition is allowed as follows: The respondent is hereby directed to give vacant possession of the shop rooms to the petitioners within three months from the date of this order under 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Latheef
- Party Age
- 65
- Relation
- S/o. Kayalmadhathil Ahammad Kutty @ Muhammadali
- Party Role
- Plaintiff
- Party Name
- Abdul Hameed
- Party Age
- 63
- Relation
- S/o. Kayalmadhathil Ahammad Kutty @ Muhammadali
- Party Role
- Defendant
- Party Name
- Indus Motors Company, Private Ltd
Plaintiffs Documents
Registered lawyer Notice dated 06-03-2015, Postal Receipt dated 07-03-2015, Postal Acknowledgment dated 07-03-2015
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction order with three months to vacate
Evidence:
The respondent is hereby directed to give vacant possession of the shop rooms to the petitioners within three months from the date of this order under 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Proved demand for vacant possession
Reference:
A1: 06-03-2015
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Confirmation of communication
Reference:
A2: 07-03-2015
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Proof of notice receipt
Reference:
A3: 07-03-2015
Case Classification
Case Type
Eviction under Section 11(3) of the Kerala Building (Lease & Rent) Control Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Abdul Latheef et al vs Indus Motors Company, Private Ltd regarding eviction for office space necessity
Case Code Year
Case between Abdul Latheef et al vs Indus Motors Company, Private Ltd regarding eviction for office space necessity