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RENT CONTROL PETITION NO. 3 OF 2018

Case between Abdul Nazer vs Soman regarding eviction of respondent from petition schedule building

Court
RENT CONTROL COURT
Judge
Sri. Jankish Narayanan
Order Date
2019-11-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Nazer filed a petition against Soman for eviction from a building that originally belonged to Nazer's father. The petitioner claims the building is needed for his business, while the respondent argues that he has been authorized to occupy the premises.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction of Soman from the premises, directing him to vacate within three months. Abdul Nazer is also entitled to recover costs.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction of Soman from the premises, directing him to vacate within three months. Abdul Nazer is also entitled to recover costs.
Why Plaintiff Won:
The petitioner proved his need for the premises for business purposes and showed that the respondent does not depend on the premises for his livelihood.
Losing Side's Weaknesses:
The petitioner proved his need for the premises for business purposes and showed that the respondent does not depend on the premises for his livelihood.
Supporting Evidence
After considering the evidence, as discussed above, I am satisfied that the petitioner has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

In the result, the petition is allowed under Sections 11 (3), 11 (4) (ii) and 11 (4) (iii) of the Kerala Building (Lease and Rent Control) Act, 1965 as follows: 1. The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Nazer
Party Age
39
Relation
S/o
Party Role
Defendant
Party Name
Soman
Party Age
47
Relation
S/o
Plaintiffs Documents
Joint Release Deed No. 30-11-2017, Joint Release Deed No. 28-10-2013
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.K.Moosakutty
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.Suresh A Alingal
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner.
Evidence:
In the result, the petition is allowed under Sections 11 (3), 11 (4) (ii) and 11 (4) (iii) of the Kerala Building (Lease and Rent Control) Act, 1965 as follows: The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.
Relief Type: Other
Outcome: Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondent.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from the respondent.

Documents & Evidence

Document Type: Joint Release Deed
Submitted By: Plaintiff
Relevance:
The petitioner's ownership of the petition schedule building is supported by this document.
Reference:
Ext.A1
Document Type: Joint Release Deed
Submitted By: Plaintiff
Relevance:
The petitioner's ownership of the petition schedule building is supported by this document.
Reference:
Ext.A2
Document Type: Commissioner Report
Submitted By: Court
Relevance:
This report was filed to support the court's consideration regarding the petition.
Reference:
Ext.C1
Document Type: Plan
Submitted By: Court
Relevance:
This plan was filed to support the court's consideration regarding the petition.
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
Eviction
Case Code
Case between Abdul Nazer vs Soman regarding eviction of respondent from petition schedule building
Case Code Year
Case between Abdul Nazer vs Soman regarding eviction of respondent from petition schedule building

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Fri, 11/01/2019 - 12:00
To
Sat, 11/30/2019 - 12:00
Outcome Confidence
85%

Involved Entities

Private Individual

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