Case Summary
Aneesh Bin Ali Ummar filed a petition for eviction against Prasanth, who rented a shop room from him. The petitioner requires the shop room for his brother's business after he lost his job.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the eviction petition filed by Aneesh Bin Ali Ummar, allowing him to reclaim the shop room for his brother's business.
Why Plaintiff Won:
The unchallenged evidence proved the petitioner's genuine need for the shop room.
The unchallenged evidence proved the petitioner's genuine need for the shop room.
Losing Side's Weaknesses:
The unchallenged evidence proved the petitioner's genuine need for the shop room.
The unchallenged evidence proved the petitioner's genuine need for the shop room.
Supporting Evidence
The unchallenged evidence of the petitioner proves that the petitioner bonafide requires the schedule shop room for the purpose of starting a business for his brother.
Judgment Evidence:
In the result, an order is passed on the following terms: 1. The respondent is directed to hand over the vacant possession of petition schedule shop room within 30 days from today for the bonafide need of the petitioner under section 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneesh Bin Ali Ummar
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prasanth
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Rent Agreement dated 05-04-2024, Office copy of Advocate Notice, Postal Receipt, Postal Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.S.Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner was granted an order of eviction due to bonafide need.
Evidence:
The petitioner is entitled to get an order of eviction under section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay costs of the proceedings to the petitioner.
Evidence:
Respondent shall pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the rental agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Office copy of Advocate notice
Submitted By:
Plaintiff
Relevance:
This notice was served to the respondent regarding the demand for vacating the shop.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as evidence of the notice sent to the respondent.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the advocate notice by the respondent.
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
Bonafide need for property
Case Code
Case between Aneesh Bin Ali Ummar vs Prasanth regarding eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Aneesh Bin Ali Ummar vs Prasanth regarding eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act.