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
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.
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
Plaintiffs
Marsook (38 years)
Omachapuzha Amsom, Perunchery Desom, Tirur Taluk
Jasim (35 years)
Jameela (47 years)
Safiya (46 years)
Naseema (42 years)
Defendants
Vasu (Age not specified years)
Near Karuna Classic Auditorium, Poongottukulam, Tirur Taluk
Sreedharan (Age not specified years)
Chamravattom Post, Tirur Taluk
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