Case Summary
The petitioner, Hafsath, is seeking eviction of the counter petitioner, Nazar, from a shop room for personal use. Nazar has contested the claim, asserting no landlord-tenant relationship with Hafsath.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Counter petitioner is directed to put the petitioner in possession of the schedule building within 30 days.
Case Type
Eviction
Final Judgment
No
The court has granted the petitioner's request for eviction, stating the counter petitioner must vacate the shop room due to the petitioner's bona fide need.
Why Plaintiff Won:
The petitioner proved her ownership and need for the property, while the counter petitioner did not provide sufficient evidence to support their claims.
The petitioner proved her ownership and need for the property, while the counter petitioner did not provide sufficient evidence to support their claims.
Losing Side's Weaknesses:
The petitioner proved her ownership and need for the property, while the counter petitioner did not provide sufficient evidence to support their claims.
The petitioner proved her ownership and need for the property, while the counter petitioner did not provide sufficient evidence to support their claims.
Supporting Evidence
The unchallenged evidence of the petitioner would prove that petitioner bonafidely requires scheduled building for his own purpose.
Judgment Evidence:
Counter petitioner is directed to put the petitioner in possession of the schedule building within 30 days from today for the bonefide need of the petitioner U/s 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hafsath
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nazar
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Settlement deed No. 3944/2006, Land tax receipt dated 11/09/2018, Rent deed dated 15/03/1996, Legal notice dated 07/07/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.C.Ushadevi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M.I. Alexander Panicker
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the counter petitioner from the scheduled building.
Evidence:
Counter petitioner is directed to put the petitioner in possession of the schedule building within 30 days from today for the bonefide need of the petitioner U/s 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to realize the cost of the proceedings from the counter petitioner.
Evidence:
Petitioner is entitled to realise the cost of the proceedings from the counter petitioner.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the petitioner over the shop rooms.
Reference:
Ext.A1
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirms the petitioner's ownership of the property.
Reference:
Ext.A2
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
Documents the rental agreement between the petitioner’s father and the counter petitioner.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding vacant possession from the counter petitioner.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice to the counter petitioner.
Reference:
Ext.A6
Document Type:
General Building Permit
Submitted By:
Plaintiff
Relevance:
Indicates the petitioner’s plans for property development.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court evidence regarding the condition and access of the property.
Reference:
Ext.C1
Case Classification
Case Type
Eviction
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Eviction
Case Code
Case between Hafsath vs Nazar regarding eviction under Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Hafsath vs Nazar regarding eviction under Kerala Building (Lease and Rent Control) Act.