Case Summary
Kunhali Haji filed a petition to evict Fathimath Suhara from shop rooms that have been closed since January 2021. The petitioner needs the shop rooms for his son and daughter to start a Mini Supermarket business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction
Case Type
Rent Control Petition
Final Judgment
No
The Rent Control Petition is allowed, and an order of eviction is passed against Fathimath Suhara. The respondent is directed to vacate the shop rooms.
Why Plaintiff Won:
The petitioner proved the cessation of occupation and the bona fide need for the shop rooms.
The petitioner proved the cessation of occupation and the bona fide need for the shop rooms.
Losing Side's Weaknesses:
The petitioner proved the cessation of occupation and the bona fide need for the shop rooms.
The petitioner proved the cessation of occupation and the bona fide need for the shop rooms.
Supporting Evidence
Since the respondent is proceeded exparte and has not challenged the need projected by the petitioner the case of the petitioner succeeds and is entitled to claim benefit u/s.11(3) of the Act.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(3) and Sec.11(4)(v) of the Act. The respondent is directed to vacate the petition schedule shop rooms 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
- Fathimath Suhara
- Party Age
- 32
- Relation
- W/o
Plaintiffs Documents
Rent Agreement executed between Kunhali Haji and Fathimath Suhara.
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
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Amaya
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Raoof
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction is passed under Sections 11(3) and 11(4)(v) of the Act.
Evidence:
In the result, an order of eviction is passed u/s. 11(3) and Sec.11(4)(v) of the Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the landlord-tenant relationship between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document provides evidence of the cessation of occupation of the petition schedule shop rooms by the respondent.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Cessation of occupation
Case Code
Case between Kunhali Haji vs Fathimath Suhara regarding eviction of tenant
Case Code Year
Case between Kunhali Haji vs Fathimath Suhara regarding eviction of tenant