Case Summary
Mannil Kunhalan Haji's children filed a petition seeking eviction of Vasu and Sreedharan due to non-payment of rent and bona fide need for the shop room for the petitioners' son, Marzook, to start a business. The respondents contested the petition, claiming they rely on the shop room for their livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule shop room to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the petitioners, granting them possession of the shop room and ordering the respondents to vacate within three months.
Why Plaintiff Won:
The petitioners proved their bona fide need for the shop room.
The petitioners proved their bona fide need for the shop room.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I find no reason to disbelieve PW1. After considering the evidence, I am satisfied that the petitioners have successfully proved that they bona fide require the shop room for the proposed business.
Judgment Evidence:
In the result, the petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: The respondents are directed to give vacant possession of the petition schedule shop room to the petitioners within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marsook
- Party Age
- 38
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Jasim
- Party Age
- 35
- Party Role
- Plaintiff
- Party Name
- Jameela
- Party Age
- 47
- Party Role
- Plaintiff
- Party Name
- Safiya
- Party Age
- 46
- Party Role
- Plaintiff
- Party Name
- Naseema
- Party Age
- 42
- Party Role
- Defendant
- Party Name
- Vasu
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sreedharan
- Relation
- S/o
Plaintiffs Documents
Lawyer notice dated 23-05-2015, Postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Khaleel Ibrahim
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Ramya.C.T.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners were granted eviction of the respondents from the shop room.
Evidence:
the respondents are directed to give vacant possession of the petition schedule shop room to the petitioners within three months from today.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioners are entitled to realise the costs of the petition from the respondents.
Evidence:
the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court used this document to show that the petitioners demanded the surrender of vacant possession of the shop room.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
The court included this document to illustrate the respondents' response to the petitioners' notice.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document was marked to provide evidence regarding the communication with the respondents.
Reference:
Ext.A3
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
Non-payment of rent
Case Code
Case between Mannil Kunhalan Haji's children vs Vasu et al regarding eviction of respondents.
Case Code Year
Case between Mannil Kunhalan Haji's children vs Vasu et al regarding eviction of respondents.