Case Summary
The petitioners, children of Karimbanakkal Kunhimoideenkkutty, sought vacant possession of a rented room from the respondent for conducting a hotel business, claiming bonafide need due to relocation and commercial viability of the location.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule property
Case Type
Civil Suit - Eviction
Final Judgment
No
The court granted the petitioners vacant possession of the rented room from the respondent, directing the respondent to vacate within one month.
Why Plaintiff Won:
The court found the petitioners' bonafide need for the room to conduct a hotel business and that the respondent had alternative accommodation, leading to the eviction order.
The court found the petitioners' bonafide need for the room to conduct a hotel business and that the respondent had alternative accommodation, leading to the eviction order.
Losing Side's Weaknesses:
The court found the petitioners' bonafide need for the room to conduct a hotel business and that the respondent had alternative accommodation, leading to the eviction order.
The court found the petitioners' bonafide need for the room to conduct a hotel business and that the respondent had alternative accommodation, leading to the eviction order.
Supporting Evidence
The need of the petitioner is bonafide and the respondents are not entitled to get the protection of proviso to Section 11 (3) of the Kerala Building (Lease & Rent) Control Act.
Judgment Evidence:
The petition is allowed...under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideen
- Party Age
- 57
- Relation
- Son of Karimbanakkal Kunhimoideenkkutty
- Party Role
- Plaintiff
- Party Name
- Alavi
- Relation
- Son of Karimbanakkal Kunhimoideenkkutty
- Party Role
- Plaintiff
- Party Name
- Muhammed
- Party Age
- 62
- Relation
- Son of Karimbanakkal Kunhimoideenkkutty
- Party Role
- Defendant
- Party Name
- Mangodi Ashraf
- Relation
- Son of Muhammed
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Vacant possession of 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
Document Type:
Nil
Submitted By:
Plaintiff
Relevance:
Nil
Reference:
Document Type:
Nil
Submitted By:
Defendant
Relevance:
Nil
Reference:
Case Classification
Case Type
Civil Suit - Eviction
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 Karimbanakkal Kunhimoideenkkutty's children et al vs Mangodi Ashraf regarding eviction
Case Code Year
Case between Karimbanakkal Kunhimoideenkkutty's children et al vs Mangodi Ashraf regarding eviction