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
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.
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.
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