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RENT CONTROL PETITION NO. 41 OF 2016

Case between Mecheri Aboobacker et al vs Thirunilath Gangadharan regarding eviction and bonafide need

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-02-21
Duration
1 year 7 months
Case Closed
Wed, 02/21/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioners filed a case seeking eviction of the respondent from a room under the Kerala Buildings (Lease and Rent Control) Act due to bonafide need to start a supermarket.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction under section 11(3) and 11(4)(v), directing the respondent to vacate the scheduled building within one month.
Judgment Favored
Plaintiff
Relief Granted
Eviction and vacant possession of the building
Case Type
Civil Suit - Eviction and Bonafide Need
Final Judgment
No
The court allowed the petition for eviction under section 11(3) and 11(4)(v), directing the respondent to vacate the scheduled building within one month.
Why Plaintiff Won:
The petitioner proved bonafide need for the room to start a supermarket, and the respondent failed to rebut the evidence.
Losing Side's Weaknesses:
The petitioner proved bonafide need for the room to start a supermarket, and the respondent failed to rebut the evidence.
Supporting Evidence
Since no rebuttal evidence is there, the evidence adduced by the petitioner remained unchallenged.

Judgment Evidence:

The petition is allowed under section 11(3) and 11(4)(v) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to put the petitioners in vacant possession of the petition schedule building within one month from today. The petitioner is entitled to realise the costs of the petition from the respondents.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mecheri Aboobacker
Party Age
59
Relation
S/o Moideenkutty
Party Role
Plaintiff
Party Name
Safiya
Party Age
52
Relation
Wife of Mecheri Aboobacker
Party Role
Plaintiff
Party Name
Ansas
Party Age
31
Relation
Child of Mecheri Aboobacker
Party Role
Defendant
Party Name
Thirunilath Gangadharan
Party Age
65
Relation
S/o Kakku Master
Plaintiffs Documents
Nil
Defendants Documents
Nil

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction and vacant possession of the building
Evidence:

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
Supported the petitioner's case
Reference:
C1 - 22-3-2016 - Commission report submitted by Smt.Anjana.N.P. Advocate Commissioner
Document Type: Commission Plan
Submitted By: Court
Relevance:
NA
Reference:
C2 - NA

Case Classification

Case Type
Civil Suit - Eviction and Bonafide Need
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for business premises
Case Code
Case between Mecheri Aboobacker et al vs Thirunilath Gangadharan regarding eviction and bonafide need
Case Code Year
Case between Mecheri Aboobacker et al vs Thirunilath Gangadharan regarding eviction and bonafide need

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 06/21/2016 - 12:00
Case Closed
Wed, 02/21/2018 - 12:00
From
Thu, 02/01/2018 - 12:00
To
Wed, 02/28/2018 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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