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RENT CONTROL PETITION NO. 49 OF 2016

Case between Aminakutty et al vs Rajan regarding eviction and ownership dispute

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-02-22
Duration
1 year
Case Closed
Wed, 02/22/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioners seek eviction of the respondent from a building owned by the petitioners' family due to unpaid rent and abandonment by the respondent for over 6 months.

Judgment Outcome

Plaintiff Won
Interim Order
The petitioners were granted eviction of the respondent from the building based on non-payment of rent, abandonment of the building, and the petitioners' bonafide need to start a hardware and paints business.
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Eviction - Rent Control Petition
Final Judgment
No
The petitioners were granted eviction of the respondent from the building based on non-payment of rent, abandonment of the building, and the petitioners' bonafide need to start a hardware and paints business.
Why Plaintiff Won:
Petitioners established non-payment of rent, abandonment of the building by the respondent for over 6 months, and their bonafide need to start a hardware and paints business.
Losing Side's Weaknesses:
Petitioners established non-payment of rent, abandonment of the building by the respondent for over 6 months, and their bonafide need to start a hardware and paints business.
Supporting Evidence
The judgment states that the petitioners are in bonafide need of the petition schedule rooms for starting a super market and business on home appliances.

Judgment Evidence:

The petition is allowed under section 11(3) 11(4)(iii) and 11(4)(v) of the Kerala Building (Lease and Rent Control) Act 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Aminakutty
Party Age
63
Relation
W/o Koya
Party Role
Plaintiff
Party Name
Ismail
Party Age
39
Relation
S/o Koya
Party Role
Plaintiff
Party Name
Misiriyya
Party Age
35
Relation
D/o Koya, W/o Mansoor
Party Role
Plaintiff
Party Name
Moideenkutty
Party Age
29
Relation
S/o Koya
Party Role
Defendant
Party Name
Rajan
Party Age
45
Relation
S/o Prabhakaran Nair
Plaintiffs Documents
Certified copy of Partition deed, Doc.No.1439/1992
Defendants Documents
Nil

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of the respondent from the petition schedule building
Evidence:
The petition is allowed under section 11(3) 11(4)(iii) and 11(4)(v) of the Kerala Building (Lease and Rent Control) Act 1965.

Documents & Evidence

Document Type: Certified Copy of Partition Deed
Submitted By: Plaintiff
Relevance:
Provided evidence regarding ownership of the building
Reference:
Doc.No.1439/1992
Document Type: Commission Report
Submitted By: Unknown
Relevance:
Report submitted regarding the respondent's possession of another building
Reference:
Ext.C1 - Ext.C4

Case Classification

Case Type
Eviction - 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 Aminakutty et al vs Rajan regarding eviction and ownership dispute
Case Code Year
Case between Aminakutty et al vs Rajan regarding eviction and ownership dispute

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 02/22/2016 - 12:00
Case Closed
Wed, 02/22/2017 - 12:00
From
Thu, 02/01/2018 - 12:00
To
Wed, 02/28/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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