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RENT CONTROL PETITION NO.7 of 2015

Case between Manipurath Viswanathan Nair vs K. Moideenkutty regarding possession of shop rooms

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-07-05
Duration
Around 1.5 years
Case Closed
Wed, 07/05/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner is seeking vacant possession of shop rooms from the respondent to start a Hotel Business based on urgent and bona fide need.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the respondent to give vacant possession of the shop rooms to the petitioner within two months.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of shop rooms
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to give vacant possession of the shop rooms to the petitioner within two months.
Why Plaintiff Won:
The court found the petitioner's urgent and bonafide need for the shop rooms to start a Hotel Business convincing, especially considering the changed circumstances.
Losing Side's Weaknesses:
The court found the petitioner's urgent and bonafide need for the shop rooms to start a Hotel Business convincing, especially considering the changed circumstances.
Supporting Evidence
Since the petitioner is in bonafide need of the room the petition is allowed as follows...

Judgment Evidence:

The respondent is directed to give vacant possession of the petition schedule shop room to the petitioner within two months from the date of this order under 11(3) of Kerala Buildings (Lease and Rent control) Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Manipurath Viswanathan Nair
Party Age
75
Relation
S/o. Kalliani Amma
Party Role
Defendant
Party Name
K. Moideenkutty
Party Age
58
Relation
S/o. Kunheen
Plaintiffs Documents
Copy of registered lawyer Notice, Postal Receipt
Defendants Documents
Not Applicable

Advocates

Reliefs

Relief Type: Vacant Possession
Outcome: Granted
Description:
Petitioner is directed to give vacant possession of the petition schedule shop room to the petitioner within two months
Evidence:
The respondent is directed to give vacant possession of the petition schedule shop room to the petitioner within two months from the date of this order under 11(3) of Kerala Buildings (Lease and Rent control) Act.
Relief Type: Cost of the petition
Outcome: Not Decided
Description:
Respondent to pay the cost of the petition
Evidence:

Documents & Evidence

Document Type: Copy of Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Evidence of notice issued to respondent
Reference:
A1
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Receipt of notice sent to respondent
Reference:
A1(a)

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Manipurath Viswanathan Nair vs K. Moideenkutty regarding possession of shop rooms
Case Code Year
Case between Manipurath Viswanathan Nair vs K. Moideenkutty regarding possession of shop rooms

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 01/01/2015 - 12:00
Case Closed
Wed, 07/05/2017 - 12:00
From
Sat, 07/01/2017 - 12:00
To
Fri, 07/14/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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