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RENT CONTROL PETITION NO. 87 OF 2016

Case between Kainikkara Muhammedkutty vs Hamza et al regarding Rent Control Petition

Court
RENT CONTROL COURT OF TIRUR
Judge
JANKISH NARAYANAN
Order Date
2019-11-14
Duration

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Petition by Muhammedkutty against Hamza et al for eviction from leased building due to rent arrears and for bonafide need of additional accommodation for business.

Judgment Outcome

Plaintiff Won
Interim Order
Petition allowed for eviction of defendants, arrears of rent to be paid, and costs to be borne by defendants.
Judgment Favored
Plaintiff
Relief Granted
Eviction of defendants and cost recovery
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Petitioner proved case with unchallenged evidence due to respondent absence

Judgment Evidence:

The respondents are directed to give vacant possession of the petition schedule building to the petitioner within three months from today.

Parties Involved

Plaintiffs

Kainikkara Muhammedkutty (63 Years years) Trikkandiyur amsom, Kumaramangalam desom, Tirur Taluk

Defendants

Hamza (66 Years years) Elanattil House, Pazhamkulangara, Tirur amsom, Kott desom, PO. Tirur, Tirur Taluk, 676 101 Nafeesa (45 Years years) Chirakkal House, Moonnammoola, PO. Tanalur, 676 307, Tirur Taluk Nisam (25 Years years) Chirakkal House, Moonnammoola, PO. Tanalur, 676 307, Tirur Taluk Thachaprambil Kunhimohammed (49 Years years) Tirur amsom, Kott desom, PO. Tirur, 676 101. Tirur Taluk Chirakkal Musthafa's children (Age not specified years) Chirakkal House, Moonam Moola, Tanalur amsom, Meenadathur desom, Tirur Taluk

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Direction to give vacant possession of the building to the petitioner within three months
Evidence:
The court found in favor of the petitioner based on the evidence provided
Relief Type: Eviction
Outcome: Granted
Description:
Order to vacate on deposit of arrears of rent within one month
Evidence:
The court decided in favor of the petitioner
Relief Type: Recovery
Outcome: Granted
Description:
Petitioner entitled to realize the costs from the respondent
Evidence:
Normal cost rule followed in favor of the petitioner

Documents & Evidence

Document Type: Copy of Lawyer Notice
Submitted By: Plaintiff
Relevance:
Plaintiff issued notice demanding surrender of vacant possession of the building
Reference:
Ext.A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A1(a)
Document Type: Postal Acknowledgment Card
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A1(b)
Document Type: Unserved Letter
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A2
Document Type: Unserved Letter
Submitted By: Plaintiff
Relevance:
Reference:
Ext.A3
Document Type: Commission Report
Submitted By: Court
Relevance:
Reference:
Ext.C1
Document Type: Sketch
Submitted By: Court
Relevance:
Reference:
Ext.C2

Quick Facts

Location
Tirur
Case Filed
Outcome Confidence
80%

Involved Entities

Person

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