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RENT CONTROL PETITION NO. 34 OF 2017

Case between Moideen et al vs Marakkar regarding eviction for hotel business

Court
Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-02-27
Duration
21 days
Case Closed
Tue, 02/27/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioners seek eviction of respondent from a rented room to start a hotel business citing bonafide need after working abroad for 30 years.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition and ordered the respondent to vacate the property within a month.
Judgment Favored
Plaintiff
Relief Granted
Eviction and costs
Case Type
Petition u/s 11(3) of Kerala Building Lease and Rent Control Act 1965
Final Judgment
No
The court allowed the petition and ordered the respondent to vacate the property within a month.
Why Plaintiff Won:
The court found the petitioners' need for the property to start a hotel business to be bonafide and unchallenged.
Losing Side's Weaknesses:
The court found the petitioners' need for the property to start a hotel business to be bonafide and unchallenged.
Supporting Evidence
Since no counter was filed, the evidence adduced by the petitioners remained unchallenged. Pw1 has stated that there is no other building for them to start the intended business. Hence I find no to disbelieve the bonafide need put forward by the petitioners.

Judgment Evidence:

The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows the respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Karimbanakkal Kunhimoideenkkutty's children
Relation
Children of Karimbanakkal Kunhimoideenkkutty
Party Role
Defendant
Party Name
Pottatharayil Marakkar
Party Age
66
Relation
Son of Muhammed
Plaintiffs Documents
Nil
Defendants Documents
Nil

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of the respondent from the petition schedule property
Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month.
Relief Type: Costs
Outcome: Granted
Description:
Costs of the petition to be paid by the respondent
Evidence:
The respondent shall pay costs of the petition.

Documents & Evidence

Case Classification

Case Type
Petition u/s 11(3) of Kerala Building Lease and Rent Control Act 1965
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 Moideen et al vs Marakkar regarding eviction for hotel business
Case Code Year
Case between Moideen et al vs Marakkar regarding eviction for hotel business

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Tue, 02/06/2018 - 12:00
Case Closed
Tue, 02/27/2018 - 12:00
From
Thu, 02/01/2018 - 12:00
To
Wed, 02/28/2018 - 12:00
Outcome Confidence
100%

Involved Entities

Government

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