Case Summary
Petitioners seek eviction of respondent from a room they own to start a hotel business due to bonafide need.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction and costs
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to provide the petitioners with vacant possession of the room within one month.
Why Plaintiff Won:
The petitioner's bonafide need for the room was established as the respondent did not challenge the evidence provided by the petitioners.
The petitioner's bonafide need for the room was established as the respondent did not challenge the evidence provided by the petitioners.
Losing Side's Weaknesses:
The petitioner's bonafide need for the room was established as the respondent did not challenge the evidence provided by the petitioners.
The petitioner's bonafide need for the room was established as the respondent did not challenge the evidence provided by the petitioners.
Supporting Evidence
Pw1 has stated that there is no other building for them to start the intended business. Hence I find no reason to disbelieve the bonofide need put forward by the petitioners.
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
- Karimbanakkal Kunhimoideenkkutty's children
- Relation
- Children of Karimbanakkal Kunhimoideenkkutty
- Party Role
- Defendant
- Party Name
- Valliyengal Sidheek
- Party Age
- 53
- Relation
- Son of Pookar
Plaintiffs Documents
None
Defendants Documents
None
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Vacant possession of the room within one month
Evidence:
The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
Respondent to pay costs of the petition
Evidence:
None
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction for personal bonafide need
Case Code
Case between Karimbanakkal Kunhimoideenkkutty's children et al vs Valliyengal Sidheek regarding eviction
Case Code Year
Case between Karimbanakkal Kunhimoideenkkutty's children et al vs Valliyengal Sidheek regarding eviction