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RENT CONTROL PETITION NO.12 OF 2018

Case between Abdul Nazer vs Ameer Babu regarding eviction of tenant.

Court
COURT OF THE RENT CONTROLLER OF TIRUR
Judge
Smt.NIMMI.K.K.
Order Date
2019-03-28
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Nazer filed a petition against Ameer Babu for eviction from a rented building due to non-payment of rent and alleged negligence in maintaining the property. The petitioner claims he needs the property for his own business.

Judgment Outcome

Plaintiff Won
Interim Order
The petition for eviction was partially granted, allowing the petitioner to reclaim the premises due to bona fide need. However, other claims were dismissed.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the petition schedule building within 2 months.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was partially granted, allowing the petitioner to reclaim the premises due to bona fide need. However, other claims were dismissed.
Why Plaintiff Won:
The petitioner demonstrated a bona fide need for the property and was unchallenged due to the respondent's absence.
Losing Side's Weaknesses:
The petitioner demonstrated a bona fide need for the property and was unchallenged due to the respondent's absence.
Supporting Evidence
I find no reason to disbelieve the bonafide need put forward by the petitioner. On considering the materials on record, I am of the view that the petitioner bonafide requires the petition schedule building for starting the intended business.

Judgment Evidence:

In the result, Petition is allowed u/s 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule building within 2 months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Nazer
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Ameer Babu
Party Age
40
Relation
S/o
Plaintiffs Documents
Ext. C1 and C2 were marked as court exhibits.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri.M.K.Moosakutty
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to put the petitioner in vacant possession of the petition schedule building.
Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule building within 2 months from today.
Relief Type: Costs
Outcome: Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realise the costs of the petition from the respondent.

Documents & Evidence

Document Type: Commissioner's Report
Submitted By: Court
Relevance:
This report was submitted by the Advocate Commissioner and used to analyze the condition of the petition schedule building.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
This plan was also submitted by the Advocate Commissioner and provided a visual representation of the property.
Reference:
Ext.C2

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
Non-payment of rent
Case Code
Case between Abdul Nazer vs Ameer Babu regarding eviction of tenant.
Case Code Year
Case between Abdul Nazer vs Ameer Babu regarding eviction of tenant.

Quick Facts

Location
Tirur Taluk
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Fri, 03/01/2019 - 12:00
To
Sun, 03/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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