Case Summary
Erachampatt Haseena filed a petition against M.Sreenivasan seeking eviction from shop rooms she alleges are needed for her proposed business. The respondent contends that he has been running a business in those rooms and disputes the petitioner's claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from shop rooms bearing No. 25/131 and 25/139.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, ordering the respondent to vacate the shop rooms within three months.
Why Plaintiff Won:
The petitioner has proved bona fide need for the shop rooms for her proposed business.
The petitioner has proved bona fide need for the shop rooms for her proposed business.
Losing Side's Weaknesses:
The petitioner has proved bona fide need for the shop rooms for her proposed business.
The petitioner has proved bona fide need for the shop rooms for her proposed business.
Supporting Evidence
After considering the evidence, as discussed above, I am of the view that the petitioner has successfully proved that she bona fide require the shop room for her proposed business.
Judgment Evidence:
In the result, the petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act. The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/131 and 25/139 of Tirur Municipality to the petitioner within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Erachampatt Haseena
- Party Age
- 41
- Relation
- W/o Munhimuhammed @ Bava
- Party Role
- Defendant
- Party Name
- M.Sreenivasan
- Party Age
- 58
- Relation
- S/o Gopalan
Plaintiffs Documents
Certified copy of Tax Assessment Register, Copy of Lawyer Notice dated 28-12-2015, Reply notice dated 16-1-2016.
Defendants Documents
Copy of Profit an Loss Account of the business and Dealer Particulars, Copy of petition in RCP 44/2016, Rent Control Court, Tirur.
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
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.S.Hariharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent from the shop rooms.
Evidence:
Therefore, the petitioner is entitled to get an order under S. 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner is entitled to recover the costs of the petition from the respondent.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Relief Type:
Eviction
Outcome:
Refused
Description:
Eviction claimed based on the removal of the concrete roof and construction of staircase.
Evidence:
But, the eviction sought on the ground under S. 11 (4) (ii) of the Act is rejected.
Documents & Evidence
Document Type:
Certified copy of Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence to support the petitioner's claim regarding the property.
Reference:
Ext.A1
Document Type:
Certified copy of Tax Assessment Register
Submitted By:
Plaintiff
Relevance:
This document was submitted as evidence to support the petitioner's claim regarding the property.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was submitted to show the notice issued to the respondent demanding possession of the shop rooms.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document was submitted to show the respondent's reply to the notice by the petitioner.
Reference:
Ext.A4
Document Type:
Copy of Profit and Loss Account of the business and Dealer Particulars
Submitted By:
Defendant
Relevance:
This document was presented to support the respondent's claim regarding his business income.
Reference:
Ext.B1
Document Type:
Copy of petition in RCP
Submitted By:
Defendant
Relevance:
This document references a related Rent Control Petition filed by the respondent.
Reference:
Ext.B2
Document Type:
Copy of petition in RCP
Submitted By:
Defendant
Relevance:
This document references another related Rent Control Petition filed by the respondent.
Reference:
Ext.B3
Document Type:
Copy of petition in RCP
Submitted By:
Defendant
Relevance:
This document references another related Rent Control Petition filed by the respondent.
Reference:
Ext.B4
Document Type:
Copy of Commission report and plan
Submitted By:
Defendant
Relevance:
This document is related to a Commission report in a previous Rent Control Petition.
Reference:
Ext.B5
Document Type:
Copy of Commission report and plan
Submitted By:
Defendant
Relevance:
This document is related to another Commission report in a previous Rent Control Petition.
Reference:
Ext.B6
Document Type:
Copy of Commission report and plan
Submitted By:
Defendant
Relevance:
This document is related to yet another Commission report in a previous Rent Control Petition.
Reference:
Ext.B7
Document Type:
Copy of Dealer Particulars
Submitted By:
Defendant
Relevance:
This document provides details regarding the respondent's business.
Reference:
Ext.B8
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was marked as evidence by the court during the proceedings.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
This document was marked as evidence by the court during the proceedings.
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
Bona fide need for own occupation
Case Code
Case between Erachampatt Haseena vs M.Sreenivasan regarding eviction of shop rooms.
Case Code Year
Case between Erachampatt Haseena vs M.Sreenivasan regarding eviction of shop rooms.