RENT CONTROL PETITION NO.21 OF 2016

Case between Fathima et al vs Abdul Hakeem regarding eviction and license fee arrears

Court

Rent Controller of Tirur

Judge

Smt. VINCY.T.V.

Order Date

2017-06-30

Duration

11 months

Case Closed

Fri, 06/30/2017 - 12:00

Judgement document from eCourt website

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Case Summary

Petitioners seek eviction of respondent due to license fee arrears and plan to start a Mini Super Market on the property.

Judgment Outcome

Plaintiff Won

Interim Order

The petitioners are granted an order for eviction and possession of the property within one month, pending deposit of arrears by the respondent.

Judgment Favored

Plaintiff

Relief Granted

Eviction and vacant possession

Case Type

Eviction - Rent Control Petition

Final Judgment

The petitioners are granted an order for eviction and possession of the property within one month, pending deposit of arrears by the respondent.

Why Plaintiff Won:
The petitioners are entitled to eviction due to arrears of rent and bonafide need to start a Mini Super Market as the respondent failed to pay license fee.

Losing Side's Weaknesses:
The petitioners are entitled to eviction due to arrears of rent and bonafide need to start a Mini Super Market as the respondent failed to pay license fee.

Supporting Evidence

Since the respondent remained exparte, the evidence adduced by the petitioner remained unchallenged. I find no reason to disbelieve the petitioner. Therefore, I hold a view that the petitioners are entitled for an order under section 11(2)(b) of the Kerala Building Lease and Rent Control Act.

Judgment Evidence:

The petitioners are entitled for an order u/s 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act. In the result, the petition is allowed under section 11(2) (b) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965. a) The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Fathima
Party Age: 51
Relation: W/o. Moideen

Party Role: Plaintiff
Party Name: Muhammed Afeekh
Party Age: 33
Relation: S/o. Moideen

Party Role: Plaintiff
Party Name: Ashikh
Party Age: 21
Relation: S/o. Moideen

Party Role: Plaintiff
Party Name: Hamna
Party Age: 16
Relation: D/o. Moideen

Party Role: Defendant
Party Name: Abdul Hakeem.P
Party Age: 47
Relation: S/o. Kunhimuhammed

Plaintiffs Documents

Registered Lawyer notice dated 12-10-2015, Acknowledgment Card, Reply notice dated 17-10-2015

Defendants Documents

Not available

Advocates

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Eviction and vacant possession

Evidence:

The petitioners are entitled for an order u/s 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act. In the result, the petition is allowed under section 11(2) (b) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965. The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today.

Documents & Evidence

Document Type: Registered Lawyer notice with postal receipts

Submitted By: Plaintiff

Relevance:

Sent to revoke license due to arrears of rent

Reference:

Document Type: Reply Notice