Case Summary
A petitioner seeks eviction of the respondent from a building to start a dental clinic for his daughter, claiming bonafide need.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction and costs recovery
Case Type
Rent Control - Eviction Petition
Final Judgment
No
The court granted an order for eviction to the petitioner to set up a dental clinic for his daughter in the building.
Why Plaintiff Won:
The petitioners proved a bonafide need for the space to start a dental clinic for the petitioner's dependent daughter.
The petitioners proved a bonafide need for the space to start a dental clinic for the petitioner's dependent daughter.
Losing Side's Weaknesses:
The petitioners proved a bonafide need for the space to start a dental clinic for the petitioner's dependent daughter.
The petitioners proved a bonafide need for the space to start a dental clinic for the petitioner's dependent daughter.
Supporting Evidence
The court found the petitioners in bonafide need to set up a dental clinic for the petitioner's dependent daughter due to unavailability of other suitable locations.
Judgment Evidence:
The petition is allowed u/s 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: 1. The respondents are directed to give vacant possession of the petition schedule property to the petitioners within three months from today. 2. The petitioners are entitled to realise the costs of the petition from the respondents.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A. Mammikutty
- Party Age
- 57
- Relation
- S/o Mohammed Haji
- Party Role
- Defendant
- Party Name
- Government of India
Plaintiffs Documents
BDS Certificate, Certificate of Registration, Certificate of Renewal of Registration
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.P.Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Addl. Government Pleader
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for eviction of the respondent to set up a dental clinic
Evidence:
The court granted an order for eviction to the petitioner to set up a dental clinic for his daughter in the building.
Relief Type:
Costs Recovery
Outcome:
Granted
Description:
Petitioners are entitled to recover costs of the proceedings from the respondents
Evidence:
The petition is allowed u/s 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: 1. The respondents are directed to give vacant possession of the petition schedule property to the petitioners within three months from today. 2. The petitioners are entitled to realise the costs of the petition from the respondents.
Documents & Evidence
Document Type:
BDS Certificate
Submitted By:
Plaintiff
Relevance:
Certificate of decree for dental surgery dated 22-04-2010
Reference:
A1
Document Type:
Certificate of Registration
Submitted By:
Plaintiff
Relevance:
Certificate of registration under the Dentists Act, 1948 issued on 18-03-2010
Reference:
A2
Document Type:
Certificate of Renewal of Registration
Submitted By:
Plaintiff
Relevance:
Certificate of renewal of registration under the Dentists Act, 1948 issued on 30-1-2016
Reference:
A3
Case Classification
Case Type
Rent Control - Eviction Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for dependent family member's occupation
Case Code
Case between A. Mammikutty vs Government of India regarding eviction for dental clinic setup
Case Code Year
Case between A. Mammikutty vs Government of India regarding eviction for dental clinic setup