Case Summary
The petitioners seek eviction of the respondents from a shop room due to arrears of rent and bonafide need to start their own business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of shop rooms
Case Type
Eviction under Kerala Buildings (Lease & Rent) Control Act
Final Judgment
No
The court granted eviction of the shop rooms to the petitioners due to rent arrears and bonafide need for starting a business.
Why Plaintiff Won:
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Explain the main legal or evidentiary reason stated by the court for granting or refusing relief.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
As already stated, the respondents opted to remain exparte. The petitioner was examined as PW1. He filed affidavit in lieu of chief examination reiterating the averments in the petitions. Since the respondents opted to remain exparte, the evidence adduced by the petitioners remained unchallenged. Therefore, I find no reason to disbelieve the bonafide needs put forward by the petitioner. Considering the materials on record, the petitioner bonafidely required the petition schedule room for conducting the purposed business.
Judgment Evidence:
In the result, Petition is allowed directing the respondents to give vacant possession of the shop rooms to the petitioners within three months from the date of this order under Section 11 (2)(b) and 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hallalath
- Party Age
- 40
- Relation
- S/o Thonikkadavath
- Party Role
- Plaintiff
- Party Name
- Kunhimuhammed
- Party Age
- 42
- Relation
- Not mentioned
- Party Role
- Defendant
- Party Name
- Muhammed Shefeekh
- Party Age
- 38
- Relation
- S/o Mathamkuzhi Cholakkal Veettil Alavikkutty
Plaintiffs Documents
Jenm Assignment Deed dated 19-6-2015, Tax receipt dated 6-7-2013, Possession Certificate, Ownership Certificate, Lawyer Notice dated 11-3-2016, Undelivered cover with Acknowledgment Card
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of shop rooms for rent arrears and bonafide need for petitioner's business
Evidence:
In the result, Petition is allowed directing the respondents to give vacant possession of the shop rooms to the petitioners within three months from the date of this order under Section 11 (2)(b) and 11(3) of the Act.
Documents & Evidence
Document Type:
Photocopy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proving ownership of the shop room
Reference:
A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Showing past payments related to the property
Reference:
A2
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Not specified in detail
Reference:
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Not specified in detail
Reference:
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding arrears of rent and vacant possession
Reference:
A5
Document Type:
Undelivered cover with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Not delivered to the respondent
Reference:
A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted by Smt.Anjana.T.V, Advocate, Tirur
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Smt.Anjana.T.V, Advocate, Tirur
Reference:
C2
Case Classification
Case Type
Eviction under Kerala Buildings (Lease & Rent) Control Act
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Hallalath et al vs Muhammed Shefeekh et al regarding eviction for arrears of rent
Case Code Year
Case between Hallalath et al vs Muhammed Shefeekh et al regarding eviction for arrears of rent