Case Summary
The petitioners, Ayisu and Siddik, are seeking eviction of the respondents, Shibin, Usha, and Sneha, from a shop room rented under a lease. The petitioners claim a bonafide need for the shop room for starting a business, while the respondents contest this need.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to vacate the petition schedule shop room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction is allowed in part, requiring the respondents to vacate the shop room due to the bonafide need of the petitioners. The petitioners are entitled to the costs of the petition.
Why Plaintiff Won:
The court found that the petitioners established a bonafide need for the shop room for starting a business.
The court found that the petitioners established a bonafide need for the shop room for starting a business.
Losing Side's Weaknesses:
The court found that the petitioners established a bonafide need for the shop room for starting a business.
The court found that the petitioners established a bonafide need for the shop room for starting a business.
Supporting Evidence
Therefore, the bonafide need projected by the 2nd petitioner is established before this court.
Judgment Evidence:
In the result, RCP is allowed in part with costs. An order of eviction is passed u/s. 11(3) of the Act. The respondents are directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- AYISU
- Party Age
- 70
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- SIDDIKK
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- SHIBIN
- Party Age
- 23
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- USHA
- Party Age
- 48
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- SNEHA
- Party Age
- 25
- Relation
- D/o
Plaintiffs Documents
Rent Agreement entered in between Kunnummal Babu and Ayisu; Copy of Lawyer Notice sent by Adv. K. P. Pradeepan to Shibin; Postal Receipt; Postal Acknowledgment Card signed by Shibin; Reply Notice sent by Adv. Padmanabhan Ponnamkot.
Defendants Documents
Notebook maintained by the respondents in which Panchayath and acknowledgment of Rent; Copy of Lawyer Notice sent by Adv. Padmanabhan Ponnamkot to K. P. Pradeepan; Postal Receipt; Postal acknowledgment Card signed by K. P. Pradeepan; Photocopy of Rent Agreement entered in between Ayisu and Babu.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. P. Pradeepan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Padmanabhan Ponnamkote
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the petition schedule shop room.
Evidence:
An order of eviction is passed u/s. 11(3) of the Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Entered between Kunnummal Babu and Ayisu regarding the tenancy.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of notice sent to Shibin demanding vacate for bonafide need and rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for sending the lawyer notice.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt signed by Shibin.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply to the notice sent by Adv. Padmanabhan Ponnamkot.
Reference:
Ext.A5
Document Type:
Notebook
Submitted By:
Defendant
Relevance:
Maintained notebook showing acknowledgment of rent paid by respondents.
Reference:
Ext.B1
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Copy of notice sent to Adv. K. P. Pradeepan.
Reference:
Ext.B2
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Receipt for sending the lawyer notice.
Reference:
Ext.B3
Document Type:
Postal Acknowledgment Card
Submitted By:
Defendant
Relevance:
Acknowledgment of receipt signed by K. P. Pradeepan.
Reference:
Ext.B4
Document Type:
Rent Agreement
Submitted By:
Defendant
Relevance:
Photocopy of the rent agreement between Ayisu and Babu.
Reference:
Ext.B5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between AYISU vs SHIBIN et al regarding eviction of tenants from the petition schedule shop room.
Case Code Year
Case between AYISU vs SHIBIN et al regarding eviction of tenants from the petition schedule shop room.