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
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.
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.
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