Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
RENT CONTROL PETITION NO. 22 OF 2016

Case between Fathima et al vs Hamza regarding eviction

Court
Rent Controller of Tirur
Judge
Smt. VINCY.T.V.,B.A, L.L.B.
Order Date
2017-12-20
Duration
1 year
Case Closed
Wed, 12/20/2017 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

Case Summary

Four petitioners seek eviction of the respondent due to non-payment of license fee and need to start a Mini Super Market in the property for livelihood.

Judgment Outcome

Plaintiff Won
Interim Order
Eviction granted to the petitioners as respondent failed to pay rent and obstructed proposed business plan of petitioners.
Judgment Favored
Plaintiff
Relief Granted
Eviction within one month
Case Type
Rent Control Petition
Final Judgment
No
Eviction granted to the petitioners as respondent failed to pay rent and obstructed proposed business plan of petitioners.
Why Plaintiff Won:
The respondent failed to pay rent and obstructed the petitioners' plan to start a business, justifying eviction.
Losing Side's Weaknesses:
The respondent failed to pay rent and obstructed the petitioners' plan to start a business, justifying eviction.
Supporting Evidence
The respondent failed to pay rent and obstructed the petitioners' plan to start a business, justifying eviction.

Judgment Evidence:

In the result, the petition is allowed under section 11(3) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. b) The petitioner is entitled to realise the cost of the petition from the respondent.

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
Hamza
Party Age
41
Plaintiffs Documents
Copy of lawyer notice, Acknowledgment card, Reply Notice, Certified copy of Order, Commission report, Commission plan
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Directed the respondent to vacate the property within one month
Evidence:
In the result, the petition is allowed under section 11(3) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. b) The petitioner is entitled to realise the cost of the petition from the respondent.

Documents & Evidence

Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice sent to the respondent revoking license due to non-payment
Reference:
A1
Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Report showing damages to property by respondent
Reference:
A5(a)
Document Type: Commission Plan
Submitted By: Plaintiff
Relevance:
Plan illustrating damages to property
Reference:
A5(b)

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
Case Code
Case between Fathima et al vs Hamza regarding eviction
Case Code Year
Case between Fathima et al vs Hamza regarding eviction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 12/20/2016 - 12:00
Case Closed
Wed, 12/20/2017 - 12:00
From
Fri, 12/01/2017 - 12:00
To
Sun, 12/31/2017 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

Similar Cases

Case between Muhammed Faizal.P.T et al vs Sakeer Husain regarding rent control
Munsiff Magistrate Court
Rent Control Petition Dismissed
Case between Beeran Haji vs Ali regarding rent control petition
Rent Controller of Tirur
Rent Control Petition Plaintiff Won
Case between Kunhimohammed Haji vs Vanaja Valliyil regarding Rent Control
Court of the Rent Controller of Tirur
Rent Control Petition Plaintiff Won
Case between Kunhimohammed Haji vs Ajith Kumar.U. regarding rent dispute
Rent Controller of Tirur
Rent Control Petition Both (settled)
Case between Beeran Haji vs Habeeb Rehman regarding rent control
Rent Controller of Tirur
Rent Control Petition Plaintiff Won