Case Summary
Bava Haji has filed a petition against Basheer for the eviction of a shop room due to non-payment of rent and the cessation of business operations by the respondent. The petitioner requires the shop room for his son's business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction of the respondent from the shop room
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to vacate the shop room and to pay the costs of the petition to the petitioner.
Why Plaintiff Won:
The petitioner proved his case effectively as the evidence remained unchallenged due to the respondent's absence.
The petitioner proved his case effectively as the evidence remained unchallenged due to the respondent's absence.
Losing Side's Weaknesses:
The petitioner proved his case effectively as the evidence remained unchallenged due to the respondent's absence.
The petitioner proved his case effectively as the evidence remained unchallenged due to the respondent's absence.
Supporting Evidence
The petitioner has proved his case by adducing cogent and reliable evidence. I find that the petitioner is entitled to get an order of eviction under 11 (2), 11 (3), and 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Judgment Evidence:
In the result, the petition is allowed with cost, as follows: 1. The respondent is hereby directed to give vacant possession of the petition schedule shop room bearing No. 5/400 of Tirur Municipality, to the Petitioner within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Bava Haji
- Party Age
- 65
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Basheer
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice, Acknowledgment Card, Reply Notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Jubin Muhammed.E.V.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested eviction of the respondent from the shop room.
Evidence:
Therefore, I am satisfied that the petitioner has proved his case by adducing cogent and reliable evidence. I find that the petitioner is entitled to get an order of eviction under 11 (2), 11 (3), and 11(4) (v) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioner sought costs to be paid by the respondent.
Evidence:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the Petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the petitioner to the respondent demanding the vacant possession of the shop room.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card serves as proof of the acknowledgment of the lawyer notice.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice is the response from the respondent to the lawyer notice, which the petitioner considers untenable.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report details the inspection of the shop room, noting that it was found closed and not in use.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
This plan was submitted along with the commission report to provide a visual representation of the inspected property.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Bava Haji vs Basheer regarding eviction of shop room
Case Code Year
Case between Bava Haji vs Basheer regarding eviction of shop room