Case Summary
Petitioners sought eviction of the respondent from rented rooms due to arrears in rent and bonafide need for own business. Respondent failed to appear, leading to the court granting eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction under Section 11(3) of the Act
Case Type
Eviction under Section 11(3) of the Kerala Building (Lease & Rent) Control Act, 1965
Final Judgment
No
The court granted the eviction petition, directing the respondent to vacate the shop rooms within three months.
Why Plaintiff Won:
The petitioners proved their bonafide need for the shop rooms for the intended business, while the respondent failed to contest the claims.
The petitioners proved their bonafide need for the shop rooms for the intended business, while the respondent failed to contest the claims.
Losing Side's Weaknesses:
The petitioners proved their bonafide need for the shop rooms for the intended business, while the respondent failed to contest the claims.
The petitioners proved their bonafide need for the shop rooms for the intended business, while the respondent failed to contest the claims.
Supporting Evidence
Since the respondents opted to remain exparte, the evidence adduced by the petitioners remained unchallenged. Therefore I find no reason to disbelieve the bonafide needs put forward by the petitioner.
Judgment Evidence:
In the result, petition is allowed directing the respondent in to give vacate possession of the shop rooms to the petitioners within three months from the date of this order under 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayisha Beevi
- Party Age
- 64
- Relation
- Wife of Ozhur Parambil Ummer Haji
- Party Role
- Defendant
- Party Name
- Ramanalukkal Yahu
- Party Age
- 58
- Relation
- Son of Muhammed
Plaintiffs Documents
Rental agreement, Death certificate of Mr. Ummer, Proof of arrears in rent etc.
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from shop rooms within three months
Evidence:
In the result, petition is allowed directing the respondent in to give vacate possession of the shop rooms to the petitioners within three months from the date of this order under 11(3) of the Act.
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
Proof of rental agreement for the shop rooms
Reference:
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Evidence of Mr. Ummer's death leading to devolvement of the property to petitioners
Reference:
Document Type:
Proof of Rent Arrears
Submitted By:
Plaintiff
Relevance:
Proof of arrears in rent from September 2015 onwards
Reference:
Case Classification
Case Type
Eviction under Section 11(3) of the Kerala Building (Lease & Rent) Control Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ayisha Beevi et al vs Ramanalukkal Yahu regarding eviction
Case Code Year
Case between Ayisha Beevi et al vs Ramanalukkal Yahu regarding eviction