RENT CONTROL PETITION NO.11 OF 2016

Case between Kuruppanthoduvil Sainudheen et al vs Nalakath Arshad regarding eviction

Court

Rent Controller of Tirur

Judge

Smt. VINCY.T.V.

Order Date

2017-07-20

Duration

1 year 8 days

Case Closed

Thu, 07/20/2017 - 12:00

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

Petitioner seeks eviction of respondent who runs an Electronics and Electricals business in a shop room rented by petitioner, claiming bonafide need for starting Garment stitching and Sales shop for his dependent wife.

Judgment Outcome

Judgment Favored

Defendant

Relief Granted

Not decided

Case Type

Civil Suit - Eviction

Final Judgment

The petition for eviction is dismissed with costs based on the lack of bonafide need shown by the petitioner.

Key Reasoning:
Reason not clearly mentioned

Why Defendant Won:
Reason not clearly mentioned

Supporting Evidence

Judgment Evidence:

Petitioner's bonafide need for eviction was found to be lacking, hence the petition is dismissed with costs.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Kuruppanthoduvil Sainudheen
Party Age: 44
Relation: S/o. Saithuhaji

Party Role: Defendant
Party Name: Nalakath Arshad
Party Age: 31
Relation: S/o. Ashraf

Plaintiffs Documents

15-06-2015 : Copy of lawyer notice, 15-06-2015 : Postal receipt, 15-06-2016 : Acknowledgment card, 24-06-2015 : Reply notice

Defendants Documents

03-09-2014 : Certified copy of assignment deed. No. 3474/2014, 18-05-2015 to 15-12-2015 : Various Postal receipts, 04-06-2015 : Receipt, 06-07-2015 : Receipt

Advocates

Reliefs

Relief Type: Eviction

Outcome: Not Decided

Description:

Petitioner seeks eviction of respondent under Section 11(2) and 11(3) of Kerala Building (Lease & Rent) Control Act, 1965.

Evidence:

Relief Type: Occupation by Dependent

Outcome: Not Decided

Description:

Petitioner bonafide needs the shop room to start a business for his dependent wife.

Evidence:

Documents & Evidence

Document Type: Copy of Lawyer Notice

Submitted By: Plaintiff

Relevance:

Notice sent to the respondent demanding vacant possession.

Reference:

A1(a)

Document Type: Certified copy of assignment deed

Submitted By: Defendant