Case Summary
Two separate petitions filed by petitioners seeking eviction of respondents from the petition schedule building due to bonafide need and damages caused by respondents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction and realization of cost from respondent
Case Type
Rent Control Petition
Final Judgment
No
The court granted eviction of respondents and directed them to vacate the building within two months.
Why Plaintiff Won:
The petitioner's bonafide need for the building was established while damages caused by respondents were not proven adequately.
The petitioner's bonafide need for the building was established while damages caused by respondents were not proven adequately.
Losing Side's Weaknesses:
The petitioner's bonafide need for the building was established while damages caused by respondents were not proven adequately.
The petitioner's bonafide need for the building was established while damages caused by respondents were not proven adequately.
Supporting Evidence
The evidence adduced by the petitioners remained unchallenged. Therefore, the bonafide needs put forward by the petitioner were believed.
Judgment Evidence:
In the result, the RCP.39/2015 and RCP.42/2015 are allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohamed Rafi
- Party Age
- 44
- Relation
- S/o. Kadavath Chereparambath Mohamed @ Bava
- Party Role
- Plaintiff
- Party Name
- Rosina
- Party Age
- 30
- Relation
- D/o. Kadavath Chereparambath Mohamed @ Bava
- Party Role
- Plaintiff
- Party Name
- Fathima Bincy
- Party Age
- 28
- Relation
- D/o. Kadavath Chereparambath Mohamed @ Bava
- Party Role
- Plaintiff
- Party Name
- Iyyathkutty @Malummu
- Party Age
- 61
- Relation
- W/o. Kadavath Chereparambath Mohamed @ Bava
- Party Role
- Defendant
- Party Name
- Baiju
- Party Age
- 42
- Relation
- S/o. Ulluvalappil Narayanan
- Party Role
- Defendant
- Party Name
- Sahida @ Safira
- Party Age
- 37
- Relation
- D/o. Valappil Bava
Plaintiffs Documents
Nil
Defendants Documents
Nil
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents and realization of cost
Evidence:
In the result, the RCP.39/2015 and RCP.42/2015 are allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Unknown
Relevance:
Reported damage to building
Reference:
C1
Document Type:
Plan
Submitted By:
Unknown
Relevance:
Layout plan of the building
Reference:
C2
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
Bonafide need for property
Case Code
Case between Mohamed Rafi et al vs Baiju and Sahida @ Safira regarding rent control petition
Case Code Year
Case between Mohamed Rafi et al vs Baiju and Sahida @ Safira regarding rent control petition