Case Summary
Erachampatt Haleema filed a petition against P.Abdul Gafoor for eviction from a shop room that she requires for starting a business. The respondent, who runs a two-wheeler workshop in the shop, contended that the eviction is a ruse for increased rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule shop room to be given to the petitioner within two months.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed as the court found the petitioner's need for the shop room to be bona fide and the evidence against the respondent remained unchallenged. The respondent was directed to vacate the premises and pay costs.
Why Plaintiff Won:
The petitioner proved her case by adducing cogent and reliable evidence.
The petitioner proved her case by adducing cogent and reliable evidence.
Losing Side's Weaknesses:
The petitioner proved her case by adducing cogent and reliable evidence.
The petitioner proved her case by adducing cogent and reliable evidence.
Supporting Evidence
I find that the petitioner is entitled to get an order of eviction under 11 (3) of the Rent Control Buildings (Lease and Rent Control) Act, 1965.
Judgment Evidence:
In the result the petition is allowed with cost, as follows; I. The respondent is hereby directed to give vacant possession of the petition schedule shop room to the petitioner within two months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Erachampatt Haleema
- Party Age
- 55
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- P.Abdul Gafoor
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Certified copy of Tax Assessment Register, Copy of Lawyer Notice dated 28-12-2015, Reply notice dated 13-1-2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P.Basheer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.I.V.Rathish
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the shop room.
Evidence:
I am satisfied that the petitioner has proved her case by adducing cogent and reliable evidence.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the petition to the petitioner.
Evidence:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the petitioners.
Documents & Evidence
Document Type:
Certified copy of Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
Marked as evidence to support the petitioner's claim.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to the respondent demanding vacant possession of the shop room.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's reply to the petitioner's notice.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by the Advocate Commissioner as part of the court process.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by the Advocate Commissioner to assist the court's understanding.
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
Unauthorized occupation
Case Code
Case between Erachampatt Haleema vs P.Abdul Gafoor regarding eviction of tenant from shop room
Case Code Year
Case between Erachampatt Haleema vs P.Abdul Gafoor regarding eviction of tenant from shop room