Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
RENT CONTROL PETITION NO. 35 OF 2017

Case between Karimbanakkal Kunhimoideenkkutty's children et al vs Mangodi Shajahan regarding eviction

Court
Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-02-27
Duration
1 year
Case Closed
Tue, 02/27/2018 - 12:00

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
The court granted the petitioners' request for eviction, directing the respondent to vacate the room within one month.
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.
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.
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 02/27/2017 - 12:00
Case Closed
Tue, 02/27/2018 - 12:00
From
Thu, 02/01/2018 - 12:00
To
Wed, 02/28/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

Similar Cases

Case between Puliyakkathodi Koitha et al vs Puliyakkathodi Kolavan et al regarding property delivery
Court of the Munsiff Magistrate
Property Delivery Plaintiff Won
Case between Pelayam Parmabil Hamza and Kunhikrishnan et al regarding eviction
Court of the Munsiff of Tirur
Civil Suit - Eviction Defendant Won
Case between Shakkeela vs Kavumpurath Muhammedali et al regarding property possession
Court of Munsiff Magistrate at Tirur, Malappuram
Civil Suit Defendant Won
Case between Kunnathakath Kader Javid vs Kavumpuram Muhammed Shaji regarding property delivery
Munsiff Magistrate Court at Tirur, Malappuram
Civil Execution Petition Plaintiff Won
Case between Kunhimuhammed vs Suresh regarding eviction for bonafide need of premises
Court of the Rent Controller of Tirur
Rent Control Petition - Eviction Plaintiff Won