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RENT CONTROL PETITION NO. 95 OF 2016

Case between Biriyumma et al vs Habeeb Rahman et al regarding eviction

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-03-31
Duration
1 year
Case Closed
Fri, 03/31/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, representing legal heirs, seeks eviction of respondents from a property to start a ladies garments shop, claiming bonafide need as the main reason.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted eviction and directed the respondents to vacate the property within one month.
Judgment Favored
Plaintiff
Relief Granted
Eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965
Case Type
Eviction under Kerala Building (Lease and Rent control) Act 1965
Final Judgment
No
The court granted eviction and directed the respondents to vacate the property within one month.
Why Plaintiff Won:
The court found the bonafide need of the petitioner for starting a ladies garments shop genuine and unchallenged by the respondents.
Losing Side's Weaknesses:
The court found the bonafide need of the petitioner for starting a ladies garments shop genuine and unchallenged by the respondents.
Supporting Evidence
Since the respondents remained exparte, the evidence adduced by the petitioners remained unchallenged. The bonafide need of the petitioner was found to be genuine.

Judgment Evidence:

The petition is allowed under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. The respondent shall pay costs of the petition.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Biriyumma
Relation
W/o Mannengal deceased Moideen Haji D/o Edathodi Kakkasseri Muhammed Haji
Party Role
Defendant
Party Name
Habeeb Rahman
Party Role
Defendant
Party Name
Rasiya
Party Age
52
Relation
W/o Muhammedkkutty
Party Role
Defendant
Party Name
Vaheeda
Party Age
50
Relation
W/o Ishakh
Party Role
Defendant
Party Name
Sajida
Party Age
47
Relation
W/o Abdul Majeed
Party Role
Defendant
Party Name
Machincheri Thithikkutty Umma
Party Age
80
Relation
W/o Peringottu Thodiyil Aboobacker Vydiar
Plaintiffs Documents
Copy of registered Lawyer Notice dated 22-4-2016, Reply Notice dated 10-5-2016
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965
Evidence:
The court granted eviction and directed the respondents to vacate the property within one month.

Documents & Evidence

Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Used in demanding vacant possession of the building.
Reference:
A1
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Received after issuance of the lawyer notice.
Reference:
A2
Document Type: Commission Report
Submitted By: Court
Relevance:
Presented by Advocate Commissioner Smt. Jyothi.M.K
Reference:
C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Submitted by Advocate Commissioner Smt. Jyothi.M.K
Reference:
C2

Case Classification

Case Type
Eviction under Kerala Building (Lease and Rent Control) Act 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for business premises
Case Code
Case between Biriyumma et al vs Habeeb Rahman et al regarding eviction
Case Code Year
Case between Biriyumma et al vs Habeeb Rahman et al regarding eviction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 03/31/2016 - 12:00
Case Closed
Fri, 03/31/2017 - 12:00
From
Thu, 03/01/2018 - 12:00
To
Sat, 03/31/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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