Case Summary
This case involves a petition by Kunhali Haji seeking eviction of C. P. Rasheed from a shop room to establish a Mini Supermarket for his unemployed children. The respondent is not using the space for his livelihood, and there are other options available for him.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room and costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioner, allowing the eviction of the respondent from the shop room.
Why Plaintiff Won:
The petitioner's need for the shop room for his children's business was established and not contested due to the respondent's absence.
The petitioner's need for the shop room for his children's business was established and not contested due to the respondent's absence.
Losing Side's Weaknesses:
The petitioner's need for the shop room for his children's business was established and not contested due to the respondent's absence.
The petitioner's need for the shop room for his children's business was established and not contested due to the respondent's absence.
Supporting Evidence
Since the respondent is proceeded exparte and has not challenged the need projected by the petitioner is established and the case of the petitioner succeeds.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(3) of the Act. The respondent is directed to vacate the petition schedule shop room and to hand over the same to the petitioner within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhali Haji
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C. P. Rasheed
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Rent Agreement executed between Kunhali Haji and C. P. Rasheed dated 27.11.2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Subramanyian. C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Amaya
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
An order of eviction is passed u/s. 11(3) of the Act.
Evidence:
In the result, an order of eviction is passed u/s. 11(3) of the Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The original rent deed proving the lease between the petitioner and the respondent.
Reference:
Ext.A1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Bona fide need
Case Code
Case between Kunhali Haji vs C. P. Rasheed regarding eviction under Rent Control Act
Case Code Year
Case between Kunhali Haji vs C. P. Rasheed regarding eviction under Rent Control Act