Case Summary
Aneesh Bin Ali Ummer filed a petition against Nowshar and Safeer for the eviction of a shop room he let out. The petitioner requires the space to start a business for his brother who is currently unemployed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the shop room
Case Type
RC OP
Final Judgment
No
The court ordered the respondents to vacate the shop room and hand over possession to the petitioner within 45 days.
Why Plaintiff Won:
The petitioner proved a bona fide need for the shop room based on the evidence provided.
The petitioner proved a bona fide need for the shop room based on the evidence provided.
Losing Side's Weaknesses:
The petitioner proved a bona fide need for the shop room based on the evidence provided.
The petitioner proved a bona fide need for the shop room based on the evidence provided.
Supporting Evidence
Since the deposition of PW1 remains unassailed, one need not break him back to hold that the said need projected was bona fide.
Judgment Evidence:
In the result, the respondents are 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 Ummer
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nowshar
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safeer
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 30/01/2024, Advocate Notice dated 04/10/2024, Postal receipt dated 06/10/2024, Acknowledgment cards.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. S. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Directing the respondents to vacate the shop room.
Evidence:
In the result, the respondents are 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.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proves the rental agreement between the petitioner and the respondents.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Demanded the respondent to vacate the petition schedule shop room.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the mailing of the Advocate Notice.
Reference:
Ext.A3
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
Accompanies the Advocate Notice to confirm receipt.
Reference:
Ext.A4
Case Classification
Case Type
RC OP
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Owner requires property for own use
Case Code
Case between Aneesh Bin Ali Ummer vs Nowshar et al regarding eviction of shop room
Case Code Year
Case between Aneesh Bin Ali Ummer vs Nowshar et al regarding eviction of shop room