Case Summary
The petitioners, children of Mannil Kunhalan Haji, seek eviction of the respondent Vasu from a shop room for bonafide need. The respondent has not paid rent since January 2015 and has other properties and businesses.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition schedule shop room to the petitioners within three months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises and awarding costs to the petitioners.
Why Plaintiff Won:
The court found that the petitioners had proven their bonafide need for the shop room.
The court found that the petitioners had proven their bonafide need for the shop room.
Losing Side's Weaknesses:
The court found that the petitioners had proven their bonafide need for the shop room.
The court found that the petitioners had proven their bonafide need for the shop room.
Supporting Evidence
The court found that the need projected by the landlord is a genuine and bona fide one and that the respondents are not entitled to avail protection from eviction on the ground of bona fide need either under both the provisos to S.11(3) of the Act.
Judgment Evidence:
In the result, the petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent is 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
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 respondent is directed to give vacant possession of the petition schedule shop room to the petitioners.
Evidence:
In the result, the petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent is directed to give vacant possession of the petition schedule shop room to the petitioners within three months from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to realise the costs of the petition from the respondent.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was issued to demand the surrender of vacant possession of the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document was the respondent's reply to the petitioners' lawyer notice, stating untenable contentions.
Reference:
Ext.A2
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 Mannil Kunhalan Haji's children vs Vasu regarding eviction and rent control.
Case Code Year
Case between Mannil Kunhalan Haji's children vs Vasu regarding eviction and rent control.