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Rent Control Petition No. 5 of 2015

Case between Kalady Abdul Azeez vs Federal Bank Ltd. regarding eviction

Court
Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2016-11-29
Duration
1 year
Case Closed
Tue, 11/29/2016 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioner seeks eviction of bank to start new business in electric and electronic appliances, while bank claims tenancy due to heavy capital investment.

Judgment Outcome

Plaintiff Won
Interim Order
Petitioner is granted an order of eviction against the respondents to give vacant possession of the property within 5 months.
Judgment Favored
Plaintiff
Relief Granted
Eviction order
Case Type
Eviction under Kerala Buildings (Lease & Rent Control) Act
Final Judgment
No
Petitioner is granted an order of eviction against the respondents to give vacant possession of the property within 5 months.
Why Plaintiff Won:
Petitioner's bonafide need for starting a new business was considered genuine as respondent's claims did not outweigh petitioner's interest.
Losing Side's Weaknesses:
Petitioner's bonafide need for starting a new business was considered genuine as respondent's claims did not outweigh petitioner's interest.
Supporting Evidence
Testimony and documentary evidence supported petitioner's bonafide need for setting up a new business.

Judgment Evidence:

The petition is allowed u/s. 11(3) of Kerala Buildings (Lease & Rent Control) Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Kalady Abdul Azeez
Party Age
54
Relation
S/o Kunhahamedkutty
Party Role
Defendant
Party Name
The Manager, Federal Bank Ltd.
Party Role
Defendant
Party Name
Federal Bank Ltd., Registered Office, Aluva
Plaintiffs Documents
Copy of Registered Lawyer Notice, Postal Receipt, Acknowledgment Card, Reply Notice
Defendants Documents
Not mentioned

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Petitioner granted an order of eviction against the respondents to vacate the property within 5 months.
Evidence:
The petition is allowed u/s. 11(3) of Kerala Buildings (Lease & Rent Control) Act.

Documents & Evidence

Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Copy of the notice sent to the respondents.
Reference:
A1(a)
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Proof of postal delivery of the notice.
Reference:
A1(b)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment from the respondents for receiving the notice.
Reference:
A1(c)
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Respondents' reply notice to the demand for vacant possession.
Reference:
A2

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
Bonafide need for own use
Case Code
Case between Kalady Abdul Azeez vs Federal Bank Ltd. regarding eviction
Case Code Year
Case between Kalady Abdul Azeez vs Federal Bank Ltd. regarding eviction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 11/29/2015 - 12:00
Case Closed
Tue, 11/29/2016 - 12:00
From
Tue, 11/01/2016 - 12:00
To
Wed, 11/30/2016 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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