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RENT CONTROL PETITION NO.23 OF 2016

Case between Fathima et al vs Rajan regarding license fee arrears

Court
Rent Controller of Tirur
Judge
Smt. Vincy.T.V., B.A, LL.B.
Order Date
2017-03-09
Duration
Less than a year
Case Closed
Thu, 03/09/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Multiple petitioners seek eviction of the respondent for non-payment of license fee since April 2015. They aim to start a mini supermarket in the property.

Judgment Outcome

Plaintiff Won
Interim Order
Petitioners granted eviction order against the respondent to start a mini supermarket as initial agreed purpose.
Judgment Favored
Plaintiff
Relief Granted
Eviction Order with one month notice
Case Type
Rent Control Petition
Final Judgment
No
Petitioners granted eviction order against the respondent to start a mini supermarket as initial agreed purpose.
Why Plaintiff Won:
The petitioners proved non-payment of license fee and demonstrated genuine need.
Losing Side's Weaknesses:
The petitioners proved non-payment of license fee and demonstrated genuine need.
Supporting Evidence
Since the evidence adduced by the petitioner remained unchallenged, the petitioners are entitled to an order under section 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.

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
W/o. Moideen
Party Role
Plaintiff
Party Name
Muhammed Afeeque
Party Age
33
Relation
S/o. Moideen
Party Role
Plaintiff
Party Name
Ashique
Party Age
21
Relation
D/o. Moideen
Party Role
Plaintiff
Party Name
Hanna
Party Age
16
Relation
D/o. Moideen
Party Role
Defendant
Party Name
Rajan
Party Age
40
Relation
S/o. Appunni
Plaintiffs Documents
17-08-2015: Lawyer notice, Acknowledgment card; 26-08-2016: Reply notice
Defendants Documents
None

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.A. Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. E.C. Suresh
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Eviction Order
Outcome: Granted
Description:
Eviction order against the respondent to start a mini supermarket as initial agreed purpose.
Evidence:
Since the evidence adduced by the petitioner remained unchallenged, the petitioners are entitled to an order under section 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Proved non-payment of license fee
Reference:
A1
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of sent notice
Reference:
A2
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Respondent's reply to the notice
Reference:
A3

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
Non-Payment of License Fee
Case Code
Case between Fathima et al vs Rajan regarding license fee arrears
Case Code Year
Case between Fathima et al vs Rajan regarding license fee arrears

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 03/09/2016 - 12:00
Case Closed
Thu, 03/09/2017 - 12:00
From
Wed, 03/01/2017 - 12:00
To
Fri, 03/31/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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