Case between Aminakutty et al vs Alikutty @ Babu regarding eviction

Case Summary

The petitioners, Aminakutty and her children, seek eviction of the respondent, Alikutty, from a rental property due to non-payment of rent and the need for space to conduct a hardware business. The court found the petitioners' need for eviction to be bona fide.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the eviction petition filed by the petitioners, directing the respondent to vacate the premises within two months and to pay costs to the petitioners.

Judgment Favored

Plaintiff

Relief Granted

Eviction of the respondent from the rental property

Case Type

Rent Control Petition

Final Judgment

No

The court allowed the eviction petition filed by the petitioners, directing the respondent to vacate the premises within two months and to pay costs to the petitioners.

Why Plaintiff Won:
The petitioners established a bona fide need for eviction under section 11(3) of the Kerala Building (Lease and Rent Control) Act.

Losing Side's Weaknesses:
Not available

Supporting Evidence

The need of the petitioners to get eviction of this building is very much bonafide. Additionally, the respondent has other shop rooms in the same town where he is conducting business.

Judgment Evidence:

In the result, the petition is allowed u/s 11 (3) of Kerala Buildings (Lease and Rent Control) Act as follows: 1. The respondent is directed to give vacant possession of the petition schedule room to the petitioner within 2 months from the date of order.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Aminakutty
Party Age: 63
Relation: W/o

Party Role: Plaintiff
Party Name: Ismail
Party Age: 39
Relation: S/o

Party Role: Plaintiff
Party Name: Misiriyya
Party Age: 35
Relation: D/o

Party Role: Plaintiff
Party Name: Moideenkutty
Party Age: 29
Relation: S/o

Party Role: Defendant
Party Name: Alikutty @ Babu
Party Age: 62
Relation: S/o

Plaintiffs Documents

Defendants Documents

Advocates

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

Party Role: Defendant
Advocate Name: Sri. Dinesh Pookkayil
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. P. Sree Hari
Appearance Type: Main Counsel

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

The respondent is directed to give vacant possession of the petition schedule room to the petitioner within 2 months from the date of order.

Evidence:

In the result, the petition is allowed u/s 11 (3) of Kerala Buildings (Lease and Rent Control) Act as follows: 1. The respondent is directed to give vacant possession of the petition schedule room to the petitioner within 2 months from the date of order.

Relief Type: Costs