Case Summary
The petitioner, Aneesh Bin Ali Ummar, seeks to evict the respondent, Ansar. P.S, from a shop room rented for conducting business. The petitioner requires the shop room for his brother's business after losing his job abroad.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of shop room and payment of costs
Case Type
Rent Control Petition
Final Judgment
No
The court directed the respondent to vacate the shop room and hand over vacant possession to the petitioner within 45 days.
Why Plaintiff Won:
The petitioner proved his case by producing evidence and established the need for the shop room.
The petitioner proved his case by producing evidence and established the need for the shop room.
Losing Side's Weaknesses:
The petitioner proved his case by producing evidence and established the need for the shop room.
The petitioner proved his case by producing evidence and established the need for the shop room.
Supporting Evidence
The claim of the Petitioner under S.11(3) of the Act is to the effect that she bona fidely required the Petition Schedule shoproom for his brother’s business.
Judgment Evidence:
In the result, the respondent is directed to vacate the petition scheduled shop room and handover vacant possession of the same to the petitioner under Section 11(3) of Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneesh Bin Ali Ummar
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ansar. P.S
Plaintiffs Documents
Rent agreement dated 10/01/2024, Advocate Notice dated 04/10/2024, Postal receipt dated 06/10/2024, Acknowledgment card dated 07/10/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S.Arunkumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ajmal.A.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested the eviction of the respondent from the shop room.
Evidence:
Hence, the petitioner is entitled to the relief as prayed for.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioner requested costs of the proceedings to be awarded.
Evidence:
The respondent is directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the rental agreement that establishes the landlord-tenant relationship between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the legal notice issued to the respondent regarding the demand for possession.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document confirms the sending of the legal notice to the respondent.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the respondent received the legal notice on the specified date.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Bona fide requirement
Case Code
Case between Aneesh Bin Ali Ummar vs Ansar. P.S regarding eviction of shop room
Case Code Year
Case between Aneesh Bin Ali Ummar vs Ansar. P.S regarding eviction of shop room