Case Summary
The case involves K.K. Faizal and M. Basheer as petitioners seeking restoration of possession of a rented building from landlady Remani Gopalan. The petitioners argue that the landlady failed to occupy the property within the statutory period after obtaining eviction due to her alleged bonafide need.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The petition is dismissed with costs to the respondent, as the court found the respondent did not cease occupying the premises without reasonable cause.
Key Reasoning:
The respondent established reasonable cause for non-occupation of the premises.
The respondent established reasonable cause for non-occupation of the premises.
Why Defendant Won:
The respondent established reasonable cause for non-occupation of the premises.
The respondent established reasonable cause for non-occupation of the premises.
Supporting Evidence
It is found that the petitioners have failed to prove that the respondent did not occupy or ceased to occupy the premises without reasonable cause, as required under Section 11(12).
Judgment Evidence:
Hence, the petition is dismissed with costs to the respondent.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.K. Faizal
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M. Basheer
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Remani Gopalan
- Relation
- W/o
Plaintiffs Documents
Defendants Documents
Medical Certificate of Thrissur Ayurvedic Hospital.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- N.M. Mohamed Ayub
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.J. Kuriachan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thomas Mathew
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Refused
Description:
The petitioners sought restoration of possession of the scheduled premises.
Evidence:
Hence, the petition is dismissed with costs to the respondent.
Documents & Evidence
Document Type:
Certified copy of the petition in RCP No.118/1993
Submitted By:
Plaintiff
Relevance:
This document was cited to show the history of eviction proceedings.
Reference:
Ext.A1
Document Type:
Certified objection filed in RCP No.118/1993
Submitted By:
Plaintiff
Relevance:
This document provided context to the objections in earlier proceedings.
Reference:
Ext.A2
Document Type:
Certified copy of the joint statement in RCA No. 73/1999
Submitted By:
Plaintiff
Relevance:
This document was marked to demonstrate previous negotiations.
Reference:
Ext.A3
Document Type:
Certified copy of the Judgment in RCA No. 73/1999
Submitted By:
Plaintiff
Relevance:
This document helped establish prior judicial outcomes relevant to the case.
Reference:
Ext.A4
Document Type:
Certified copy of the B diary proceedings in EP No. 411/2003 in RCP No.118/2003
Submitted By:
Plaintiff
Relevance:
This document detailed prior execution proceedings impacting current issues.
Reference:
Ext.A5
Document Type:
Certified copy of the commission report as per the order in I.A. No.2263/1995 in RCP No.118/1993
Submitted By:
Plaintiff
Relevance:
This document provided evidence related to the condition of the property.
Reference:
Ext.A6
Document Type:
Certified copy of common Judgment in RCA No. 78/2010 and RCA 59/2010
Submitted By:
Plaintiff
Relevance:
This document was used to confirm prior confirmed orders of eviction.
Reference:
Ext.A7
Document Type:
Certified copy of Order in IA No.1818/2013 in RCP 114/2010
Submitted By:
Plaintiff
Relevance:
This document was marked to show previous motions related to the case.
Reference:
Ext.A8
Document Type:
Certified copy of cross examination of PW1 in RCP 110/2006
Submitted By:
Plaintiff
Relevance:
This document provided important testimony relevant to the current petition.
Reference:
Ext.A9
Document Type:
Certified copy of the order in RCP 110/2006
Submitted By:
Plaintiff
Relevance:
This order was foundational for establishing the landlord's eviction mandate.
Reference:
Ext.A10
Document Type:
Certified copy of common Judgment in RCR 69/2013 and RCR 66/2013
Submitted By:
Plaintiff
Relevance:
This document references the confirmation of the landlord's eviction right.
Reference:
Ext.A11
Document Type:
Certified copy of order in IA No. 1765/2014 in RCR No.66/2013
Submitted By:
Plaintiff
Relevance:
This document showed the court's decisions on rent control challenges.
Reference:
Ext.A12
Document Type:
Certified copy of order in EP No.155/2010 in RCP 110/2006
Submitted By:
Plaintiff
Relevance:
This order provided evidence of the previous execution process.
Reference:
Ext.A13
Document Type:
Certified copy of petition in IA No. 1818/2013 in RCP 114/2010
Submitted By:
Plaintiff
Relevance:
This document illustrated the ongoing litigation related to the case.
Reference:
Ext.A14
Document Type:
Certified copy of commission report as per order in IA No. 4300/2015
Submitted By:
Court
Relevance:
This report was critical in examining the building's condition post-eviction.
Reference:
Ext.C1
Document Type:
Commission report filed by the Advocate Commissioner as per order in IA No. 11577/2015
Submitted By:
Court
Relevance:
This report provided updated findings on the premises' current state.
Reference:
Ext.C2
Document Type:
Order in RCP 110/2006
Submitted By:
Defendant
Relevance:
This order was referenced to frame timelines for possession and repairs.
Reference:
Ext.B1
Document Type:
Lawyer's Notice
Submitted By:
Defendant
Relevance:
This notice detailed grievances regarding property conditions.
Reference:
Ext.B2
Document Type:
A/D card of the 1st petitioner
Submitted By:
Defendant
Relevance:
This document supported communications regarding the case.
Reference:
Ext.B3
Document Type:
Certified copy of the plaint in OS No. 104/2017
Submitted By:
Defendant
Relevance:
This document illustrated ongoing litigation rooted in property damages.
Reference:
Ext.B5
Document Type:
Certified copy of demand notice by Kerala Electricity Board
Submitted By:
Defendant
Relevance:
This notice indicated financial obligations pertaining to the property.
Reference:
Ext.B6
Document Type:
Original notice from Kerala Water Authority
Submitted By:
Defendant
Relevance:
This notice detailed more financial dues relating to property maintenance.
Reference:
Ext.B7
Document Type:
Judgment of the Hon’ble High Court of Kerala
Submitted By:
Defendant
Relevance:
This judgment provided a higher court’s legal perspective on the case.
Reference:
Ext.B8
Document Type:
Medical Certificate
Submitted By:
Defendant
Relevance:
This certificate explained the respondent’s hospitalization impacting her case.
Reference:
Ext.B9
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Failure to occupy premises after eviction
Case Code
Case between K.K. Faizal et al vs Remani Gopalan regarding eviction and restoration of possession.
Case Code Year
Case between K.K. Faizal et al vs Remani Gopalan regarding eviction and restoration of possession.