Case Summary
Kayakutty Haji filed a petition against Shamsudheen Cholakkal for eviction of a rented property due to non-payment of rent and sub-letting. The petitioner requires the property for his son to start a business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the building to be given to the petitioner within three months, and costs granted.
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner established bona fide need for the eviction as the respondent was using the property in a manner that diminishes its value.
The petitioner established bona fide need for the eviction as the respondent was using the property in a manner that diminishes its value.
Judgment Evidence:
In the result, the petition is allowed under Sections 11(2), 11(3), 11(4)(i) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act, 1965. The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.
Parties Involved
Plaintiffs
Kayakutty Haji (65 years)
Thottiparamba House, Kanhipura, Athavanad desom, PO. Karipole, 676 552, Tirur Taluk
Defendants
Shamsudheen Cholakkal (55 years)
Cholakkal House, Kanhirakutty, Paravaanna amsom, desom, PO. Paravanna, Tirur Taluk, 676 502
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
I find no reason to disbelieve PW1. After considering the evidence,... the petitioner is entitled for an order of eviction under Sections 11(2), 11 (3), 11 (4) (i) and 11 (4) (ii) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to recover the costs of the petition from the respondent.
Evidence:
the petitioner is entitled to realise the costs of the petition from the respondent.
Relief Type:
Possession
Outcome:
Granted
Description:
Respondent directed to give vacant possession of the petition schedule building to the petitioner.
Evidence:
The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.
Relief Type:
Other
Outcome:
Granted
Description:
Order under Section 11 (2) (b) vacated on deposit of arrears of rent.
Evidence:
The order under Section 11 (2) (b) shall be vacated on deposit of arrears of rent within one month from the date of this order.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the respondent demanding the surrender of vacant possession of the petition schedule building.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming the mailing of the lawyer notice to the respondent.
Reference:
Ext.A1(b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming the receipt of the lawyer notice by the respondent.
Reference:
Ext.A1(c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the advocate commissioner inspecting the property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Sketch related to the commission report for the property in question.
Reference:
Ext.C2