Case Summary
Petition filed by an elderly lady and her family seeking possession of a shop room to start a furniture business from the current tenant.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the shop rooms
Case Type
Civil Petition - Eviction
Final Judgment
No
The court granted possession of the shop room to the petitioners for their intended furniture business.
Why Plaintiff Won:
The petitioner's bonafide need for the shop room for the intended business was proven, and the respondent failed to provide evidence to the contrary.
The petitioner's bonafide need for the shop room for the intended business was proven, and the respondent failed to provide evidence to the contrary.
Losing Side's Weaknesses:
The petitioner's bonafide need for the shop room for the intended business was proven, and the respondent failed to provide evidence to the contrary.
The petitioner's bonafide need for the shop room for the intended business was proven, and the respondent failed to provide evidence to the contrary.
Supporting Evidence
The respondent opted to remain exparte, leaving the evidence by the petitioners unchallenged, thereby substantiating the petitioner's bonafide need for the shop room for the intended business.
Judgment Evidence:
In the result petition is allowed as follows; Directing the respondent herein to give vacant possession of the petition schedule shop rooms to the petitioner within 2 months from the date of this order under 11(3) of the Act. The respondent is directed to pay the costs of the petition to the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuttiyil Pathummakutty
- Party Age
- 83
- Relation
- Wife of Mangala
- Party Role
- Plaintiff
- Party Name
- Muhammed Farooq
- Party Age
- 60
- Relation
- Son of Muhammedali
- Party Role
- Defendant
- Party Name
- Thiruvangattu Parambu Sukumaran
- Party Age
- 50
Plaintiffs Documents
Copy of Lawyer Notice, Postal Receipt, Acknowledgment Card
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Vacant possession of shop rooms granted to petitioners for intended business use.
Evidence:
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to respondent regarding vacation of shop room.
Reference:
A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of delivery of Lawyer Notice.
Reference:
A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Evidence of respondent's receipt of Lawyer Notice.
Reference:
A3
Case Classification
Case Type
Civil Petition - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need of premises for business
Case Code
Case between Kuttiyil Pathummakutty et al vs Thiruvangattu Parambu Sukumaran regarding eviction
Case Code Year
Case between Kuttiyil Pathummakutty et al vs Thiruvangattu Parambu Sukumaran regarding eviction