Case Summary
Petitioners, including Fathima, filed a petition seeking eviction of respondent to start a Mini Super Market in the premises due to arrears in license fee and bona fide need for livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction
Case Type
Rent Control Petition - Eviction
Final Judgment
No
The petitioners were granted an order of eviction against the respondent to start a Mini Super Market.
Why Plaintiff Won:
Petitioners were entitled to eviction based on arrears in license fee and bona fide need for livelihood.
Petitioners were entitled to eviction based on arrears in license fee and bona fide need for livelihood.
Losing Side's Weaknesses:
Petitioners were entitled to eviction based on arrears in license fee and bona fide need for livelihood.
Petitioners were entitled to eviction based on arrears in license fee and bona fide need for livelihood.
Supporting Evidence
The petitioner sent a notice on 17-08-2015 revoking the license due to arrears and a bona fide need for livelihood.
Judgment Evidence:
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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathima
- Party Age
- 51
- Relation
- Wife of Moideen
- Party Role
- Plaintiff
- Party Name
- Muhammed Afeekh
- Party Age
- 33
- Relation
- Son of Moideen
- Party Role
- Plaintiff
- Party Name
- Ashik
- Party Age
- 2
- Relation
- Son of Moideen
- Party Role
- Plaintiff
- Party Name
- Hanna
- Party Age
- 16
- Relation
- Daughter of Moideen
- Party Role
- Defendant
- Party Name
- Hamza
- Party Age
- 41
- Relation
- Not mentioned
Plaintiffs Documents
17-08-2015 : Registered Lawyer notice, 20-08-2015 : Acknowledgment card, 26-08-2015 : Reply notice
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent from the petition schedule property
Evidence:
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.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Revoking license due to arrears in fee
Reference:
A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Documenting correspondence
Reference:
A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response to revocation of license
Reference:
A3
Case Classification
Case Type
Rent Control Petition - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction due to arrears in license fee
Case Code
Case between Fathima et al vs Hamza regarding eviction for starting a business
Case Code Year
Case between Fathima et al vs Hamza regarding eviction for starting a business