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RENT CONTROL PETITION NO. 40 OF 2017

Case between Kandath Moideen Haji's children et al vs Abdul Vahid et al regarding eviction and super market setup

Court
Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-06-11
Duration
1 year
Case Closed
Mon, 06/11/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners, represented by Kandath, sought eviction of the respondent from a room due to rent arrears and to start a supermarket for livelihood.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted eviction and ordered respondent to vacate the property within one month.
Judgment Favored
Plaintiff
Relief Granted
Eviction and vacant possession of the property
Case Type
Civil - Rent Control Petition
Final Judgment
No
The court granted eviction and ordered respondent to vacate the property within one month.
Why Plaintiff Won:
The petitioner proved the bonafide need for starting a supermarket in the property and the respondent remained exparte, failing to challenge the evidence.
Losing Side's Weaknesses:
The petitioner proved the bonafide need for starting a supermarket in the property and the respondent remained exparte, failing to challenge the evidence.
Supporting Evidence
The need of the petitioner is bonafide and the respondent failed to provide evidence to counter the claim.

Judgment Evidence:

The petition is allowed under section 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Muhammed kutty
Party Age
57
Party Role
Plaintiff
Party Name
Aboobacker Sidheekh
Party Age
55
Party Role
Plaintiff
Party Name
Muhammed Ashraf
Party Age
53
Party Role
Plaintiff
Party Name
Muhammed Yoosaf
Party Age
51
Party Role
Plaintiff
Party Name
Abdurahman
Party Age
49
Party Role
Defendant
Party Name
Abdul Vahid
Party Age
45
Plaintiffs Documents
Copy of Registered Lawyer Notice dated 15-7-2017
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Order for immediate eviction of the respondent and vacant possession of the property.
Evidence:
The petition is allowed under section 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.

Documents & Evidence

Document Type: Notice
Submitted By: Plaintiff
Relevance:
Used against the respondent for non-payment of rent and eviction claim.
Reference:
A1 - Copy of Registered Lawyer Notice dated 15-7-2017

Case Classification

Case Type
Civil - Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Kandath Moideen Haji's children et al vs Abdul Vahid et al regarding eviction and super market setup
Case Code Year
Case between Kandath Moideen Haji's children et al vs Abdul Vahid et al regarding eviction and super market setup

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Sun, 06/11/2017 - 12:00
Case Closed
Mon, 06/11/2018 - 12:00
From
Fri, 06/01/2018 - 12:00
To
Sat, 06/30/2018 - 12:00
Outcome Confidence
100%

Involved Entities

Private Individual

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