Case Summary
The petitioners seek eviction of the respondent from a room they own, as petitioners intend to start a hotel business in the highly commercial area where the room is located.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction Order
Case Type
Civil Matter - Eviction
Final Judgment
No
The court granted the petitioners' request for eviction, directing the respondent to vacate the room within one month.
Why Plaintiff Won:
The court found the petitioners' bonafide need for the room to start a hotel business and that there was no other suitable building available for them.
The court found the petitioners' bonafide need for the room to start a hotel business and that there was no other suitable building available for them.
Losing Side's Weaknesses:
The court found the petitioners' bonafide need for the room to start a hotel business and that there was no other suitable building available for them.
The court found the petitioners' bonafide need for the room to start a hotel business and that there was no other suitable building available for them.
Supporting Evidence
Since no counter was filed, the evidence adduced by the petitioners remained unchallenged. Pw1 has stated that there is no other building for them to start the intended business. Hence I find no reason to disbelieve the bonafide need put forward by the petitioners. So, there is nothing on record to non-suit the petitioner under the first proviso to S.11(3) of Kerala Building (Lease and Rent Control) Act 1965.
Judgment Evidence:
The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. The respondent shall pay costs of the petition.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Karimbanakkal Kunhimoideenkkutty's children
- Relation
- Children of
- Party Role
- Defendant
- Party Name
- Mangodi Shajahan
- Party Age
- 45
- Relation
- Son of
Plaintiffs Documents
No documents marked
Defendants Documents
No documents marked
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent from the petition schedule property
Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today.
Documents & Evidence
Case Classification
Case Type
Civil Matter - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for premises
Case Code
Case between Karimbanakkal Kunhimoideenkkutty's children et al vs Mangodi Shajahan regarding eviction
Case Code Year
Case between Karimbanakkal Kunhimoideenkkutty's children et al vs Mangodi Shajahan regarding eviction