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RCP 81/2016

Case between Erachampatt Raseena vs M.Sreenivasan regarding eviction of tenant for bona fide need.

Court
RENT CONTROL COURT
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-29
Duration
Case Code No.
81
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Erachampatt Raseena filed a petition against M.Sreenivasan for eviction of the shop room he occupies, asserting bona fide need to start a footwear business. The respondent contends he has been paying rent and is dependent on the shop for his livelihood.

Judgment Outcome

Plaintiff Won
Interim Order
The court found in favor of the petitioner, allowing her eviction petitions based on bona fide need for her business. The respondent was ordered to vacate the premises.
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140 to the petitioner within three months.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner, allowing her eviction petitions based on bona fide need for her business. The respondent was ordered to vacate the premises.
Why Plaintiff Won:
The petitioner successfully proved her bona fide requirement for the shop rooms for starting a business, which was deemed genuine.
Losing Side's Weaknesses:
The petitioner successfully proved her bona fide requirement for the shop rooms for starting a business, which was deemed genuine.
Supporting Evidence
Therefore, the petitioner is entitled to get an order under S. 11(3) of the Kerala Building (Lease and Rent Control) Act 1965. The point is answered accordingly.

Judgment Evidence:

In the result, both petitions as RCP 81/2016 & RCP 82/2016 are 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. 25/132 and 25/140 to the petitioner within three months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Erachampatt Raseena
Party Age
38
Relation
W/o
Party Role
Defendant
Party Name
M.Sreenivasan
Party Age
58
Relation
S/o
Plaintiffs Documents
Certified copy of Tax Assessment Register, Copy of Lawyer Notice dated 28-12-2015.
Defendants Documents
Copy of Profit and Loss Account of the business, Copy of Dealer Particulars.

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
Party Role
Defendant
Advocate Name
Sri.S.Hariharan
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to give vacant possession of the petition schedule shop rooms.
Evidence:
The respondent is directed to give vacant possession of the petition schedule shop rooms bearing No. 25/132 and 25/140 to the petitioner within three months from today.
Relief Type: Cost
Outcome: Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondents.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.

Documents & Evidence

Document Type: Tax Assessment Register
Submitted By: Plaintiff
Relevance:
Certified copy of Tax Assessment Register submitted by the petitioner.
Reference:
Ext.A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of Lawyer Notice dated 28-12-2015 issued to the respondent demanding vacant possession.
Reference:
Ext.A2
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Reply notice dated 16-1-2016 submitted by the petitioner.
Reference:
Ext.A3
Document Type: Tax Assessment Register
Submitted By: Plaintiff
Relevance:
Certified copy of Tax Assessment Register submitted by the petitioner.
Reference:
Ext.A4
Document Type: Profit and Loss Account
Submitted By: Defendant
Relevance:
Copy of Profit and Loss Account of the business submitted by the respondent.
Reference:
Ext.B1
Document Type: Dealer Particulars
Submitted By: Defendant
Relevance:
Copy of Dealer Particulars submitted by the respondent.
Reference:
Ext.B2
Document Type: Petition with Summons
Submitted By: Defendant
Relevance:
Copy of petition with summons in RCP 44/2016, Rent Control Court, Tirur submitted by the respondent.
Reference:
Ext.B3
Document Type: Petition
Submitted By: Defendant
Relevance:
Copy of petition in RCP 51/2016, Rent Control Court, Tirur submitted by the respondent.
Reference:
Ext.B4
Document Type: Petition
Submitted By: Defendant
Relevance:
Copy of petition in RCP 116/2016, Rent Control Court, Tirur submitted by the respondent.
Reference:
Ext.B5
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report submitted by Smt.Pratheeksha.K, Advocate Commissioner.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
Commission plan submitted by Smt.Pratheeksha.K, Advocate Commissioner.
Reference:
Ext.C2
Document Type: Commission Report
Submitted By: Court
Relevance:
Commission report submitted by Smt.Ramya.C.T., Advocate Commissioner.
Reference:
Ext.C3
Document Type: Commission Plan
Submitted By: Court
Relevance:
Commission plan submitted by Smt.Ramya.C.T., Advocate Commissioner.
Reference:
Ext.C4

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
RCP
Case Code Year
2016

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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