Case Summary
Beeran Haji filed a petition seeking eviction of the respondent from the rented room due to rent arrears since 2013 and his bonafide need to start a Super Market in that commercially important area.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order, Arrears of rent with interest, Costs of proceedings recovery
Case Type
Rent Control - Eviction
Final Judgment
No
The court granted eviction of the respondent from the petition schedule room due to rent arrears and the bonafide need of the petitioner to start a Super Market.
Why Plaintiff Won:
The petitioner proved rent arrears and bonafide need for the room, while the respondent failed to show possession of other rooms for her business.
The petitioner proved rent arrears and bonafide need for the room, while the respondent failed to show possession of other rooms for her business.
Losing Side's Weaknesses:
Reason not clearly mentioned.
Reason not clearly mentioned.
Supporting Evidence
The landlord/petitioner is entitled to get an order of eviction u/s 11 (2) and 11 (3) of the Kerala Building (Lease and Rent control ) Act 1965.
Judgment Evidence:
The petition stands allowed u/s 11 (2), 11 (3) & 11 (4) (iii) of the Kerala Building (Lease and Rent control ) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Beeran Haji
- Party Age
- 68
- Relation
- S/o Muideen
- Party Role
- Defendant
- Party Name
- Ramya.K.
- Party Age
- 35
Plaintiffs Documents
Copy of Lawyer Notice dated 2-3-2015, Copy of Acknowledgement card
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.A.Isamil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Santhosh kumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule room
Evidence:
The petition stands allowed u/s 11 (2), 11 (3) & 11 (4) (iii) of the Kerala Building (Lease and Rent control ) Act 1965.
Relief Type:
Arrears of Rent
Outcome:
Granted
Description:
Arrears of rent with interest from the respondent
Evidence:
The petition stands allowed u/s 11 (2), 11 (3) & 11 (4) (iii) of the Kerala Building (Lease and Rent control ) Act 1965.
Relief Type:
Costs of proceedings recovery
Outcome:
Granted
Description:
Recovery of costs of the proceedings from the respondent
Evidence:
The petition stands allowed u/s 11 (2), 11 (3) & 11 (4) (iii) of the Kerala Building (Lease and Rent control ) Act 1965.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidence of communication with the respondent regarding rent arrears.
Reference:
A1
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Document related to the petition schedule room.
Reference:
A2
Case Classification
Case Type
Rent Control - Eviction
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 Beeran Haji vs Ramya.K. regarding eviction and rent arrears
Case Code Year
Case between Beeran Haji vs Ramya.K. regarding eviction and rent arrears