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RENT CONTROL PETITION NO. 42 OF 2015

Case between Mohamed Rafi et al vs Sahida regarding eviction request

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-01-29
Duration
2 years
Case Closed
Mon, 01/29/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioners seek eviction of the respondent from a building due to bonafide need for conducting a hardware and paints business, while alleging respondent's misuse diminishing the building's value.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the eviction petition under section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965, directing the respondent to vacate the building within two months.
Judgment Favored
Plaintiff
Relief Granted
Eviction to obtain vacant possession of the building
Case Type
Eviction Petition - Rent Control
Final Judgment
No
The court allowed the eviction petition under section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965, directing the respondent to vacate the building within two months.
Why Plaintiff Won:
Need for conducting hardware and paints business and misuse by the respondent diminishing building value.
Losing Side's Weaknesses:
Need for conducting hardware and paints business and misuse by the respondent diminishing building value.
Supporting Evidence
Since the respondents opted to remain exparte, the evidence adduced by the petitioners remained unchallenged. Therefore, I find no reason to disbelieve the bonafide needs put forward by the petitioner.

Judgment Evidence:

In the result, the petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule building within two months from today. b) The petitioner is entitled to realise the cost of the petition from the respondent.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Mohamed Rafi
Party Age
44
Relation
S/o Kadavath Chereparambath Mohammed @ Bava
Party Role
Plaintiff
Party Name
Rosna
Party Age
30
Relation
D/o Kadavath Chereparambath Mohammed @ Bava
Party Role
Plaintiff
Party Name
Fathima Bincy
Party Age
28
Relation
D/o Kadavath Chereparambath Mohammed @ Bava
Party Role
Plaintiff
Party Name
Iyyathkutty @ Malummu
Party Age
61
Relation
W/o Kadavath Chereparambath Mohammed @ Bava
Party Role
Defendant
Party Name
Sahida @ Safira
Party Age
37
Relation
D/o Valappil Bava
Plaintiffs Documents
Chief affidavit filed
Defendants Documents
Nil

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction to obtain vacant possession of the building
Evidence:
In the result, the petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule building within two months from today. b) The petitioner is entitled to realise the cost of the petition from the respondent.

Documents & Evidence

Document Type: Chief Affidavit
Submitted By: Plaintiff
Relevance:
Filed by the Chief Affidavit by PW1 Iyyathukutty @ Malummu
Reference:
Unknown

Case Classification

Case Type
Eviction Petition - Rent Control
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Mohamed Rafi et al vs Sahida regarding eviction request
Case Code Year
Case between Mohamed Rafi et al vs Sahida regarding eviction request

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 01/29/2015 - 12:00
Case Closed
Mon, 01/29/2018 - 12:00
From
Mon, 01/01/2018 - 12:00
To
Wed, 01/31/2018 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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