Case Summary
Erachampatt Haleema filed a petition seeking eviction of M.Sreenivasan from a shop room, claiming bona fide need to start a business. The respondent contended that he relies on the income from the shop room for his livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/142 to the petitioner within three months.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner successfully proved her genuine and bona fide need for the shop room to start her business.
The petitioner successfully proved her genuine and bona fide need for the shop room to start her business.
Judgment Evidence:
In the result, the petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/142 to the petitioner within three months from today.
Parties Involved
Plaintiffs
Erachampatt Haleema (55 years years)
Cheriyamundam amsom desom, Thalakkadathur.P.O. PIN – 676 103, Tirur Taluk
Defendants
M.Sreenivasan (58 years years)
Machalil House, Thalakkad amsom Mangattiri desom & Post, Tirur Taluk. PIN – 676 105
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule shop room.
Evidence:
The petitioner is entitled to get an order under S. 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Relief Type:
Cost
Outcome:
Granted
Description:
Entitlement of the petitioner to realize costs of the proceedings from the respondent.
Evidence:
The petitioner is entitled to realise the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
Certified copy of the property related to the petition.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the notice demanding the surrender of vacant possession of the property.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply to the demand for surrendering the property.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the Advocate Commissioner regarding the premises.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner regarding the premises.
Reference:
Ext.C2