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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

Judgement document from eCourt website

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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
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.

Judgment Evidence:

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

Parties Involved

Plaintiffs

Kalady Abdul Azeez (54 years) Valavannoor Amsom and Desom, Tirur Taluk

Defendants

The Manager, Federal Bank Ltd. (Age not specified years) Poongottukulam Branch, Thrikkandiyoor Post, PIN 676 104, Tirur Taluk Federal Bank Ltd., Registered Office, Aluva (Age not specified years)

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

Quick Facts

Location
Tirur
Case Filed
Sun, 11/29/2015 - 12:00
Outcome Confidence
90%

Involved Entities

Bank

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