RCP.34/2014

Case between Moochikkadan Sooppy Haji et al vs Muhammed Basheer et al regarding eviction of tenant for bonafide requirement.

Court

COURT OF THE RENT CONTROLLER OF TIRUR

Judge

Smt. VINCY.T.V.

Order Date

2016-12-21

Duration

Case Code No.

Case Closed

Judgement document from eCourt website

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Case Summary

Moochikkadan Sooppy Haji and Kunhimuhammed Haji filed petitions against various respondents including Muhammed Basheer for eviction from property they allege is needed for starting a supermarket. The respondents contest the eviction based on their current business operations.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the eviction petitions filed by the plaintiffs under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965, directing the respondents to vacate the premises for bonafide requirements.

Judgment Favored

Plaintiff

Relief Granted

The respondents are directed to put the petitioners in vacant possession of the petition schedule building within two months.

Case Type

Rent Control Petition

Final Judgment

Why Plaintiff Won:
The court found the petitioners have a bonafide need for the premises for starting a supermarket and there was no sufficient evidence from the respondents to support their claims.

Losing Side's Weaknesses:
The court found the petitioners have a bonafide need for the premises for starting a supermarket and there was no sufficient evidence from the respondents to support their claims.

Supporting Evidence

Considering the evidence on record and other evidence, I find no reason to disbelieve the bonafide need put forward by the petitioners.

Judgment Evidence:

In the result, RCP.34/2014 to 38/2014 are allowed under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 as follows: The respondents in RCP.34/2014 to 38/2014 are directed to put the petitioners in vacant possession of the petition schedule building within two months from today.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Moochikkadan Sooppy Haji
Party Age: 74
Relation: S/o Kunhimoideen

Party Role: Plaintiff
Party Name: Kunhimuhammed Haji
Party Age: 51
Relation: S/o Muhammed Kutty

Party Role: Defendant
Party Name: Muhammed Basheer
Relation: S/o Late Abdullakkutty

Party Role: Defendant
Party Name: P.T. Asainar

Party Role: Defendant
Party Name: Kuryakkose
Relation: S/o Chakkunni

Party Role: Defendant
Party Name: Narayanan
Relation: S/o Subbayya Naidu

Party Role: Defendant
Party Name: Moideenkutty
Relation: S/o Kunnath parambil Koyakkutty

Party Role: Defendant
Party Name: Saidalavi
Relation: S/o Pevumkattil Kunhimuhammed

Plaintiffs Documents

Copy of Lawyer Notice dated 08-01-2014, Ownership Certificate, Building Tax Receipts

Defendants Documents

Copy of Building Tax Assessment Register

Advocates

Party Role: Plaintiff
Advocate Name: Sri.V. Chandrasekharan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sri.Vipin Chandrasekhar
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri. Dinesh Pookayil
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.P.Sreehari
Appearance Type: Main Counsel

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Petitioners sought eviction of respondents for bonafide needs.

Evidence:

Considering the evidence on record and other evidence, I find no reason to disbelieve the bonafide need put forward by the petitioners.

Relief Type: Eviction

Outcome: Refused

Description:

Petitioners sought to prove subletting by the respondent.

Evidence:

There is no material on record to show that the petition schedule room in RCP.34/2014 is sublet by the respondent.

Relief Type: Eviction

Outcome: Refused

Description:

Petitioners sought to prove subletting by the respondent.

Evidence:

There is no evidence on record to support the claim of subletting by the respondent.

Documents & Evidence

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to direct the respondent to vacate the room.

Reference:

Ext.A1(a)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.A1(b)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the lawyer notice by the respondent.

Reference:

Ext.A1(c)

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to direct the respondent to vacate the room.

Reference:

Ext.A2(a)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.A2(b)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the lawyer notice by the respondent.

Reference:

Ext.A2(c)

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to direct the respondent to vacate the room.

Reference:

Ext.A3(a)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.A3(b)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the lawyer notice by the respondent.

Reference:

Ext.A3(c)

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to direct the respondent to vacate the room.

Reference:

Ext.A4(a)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.A4(b)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the lawyer notice by the respondent.

Reference:

Ext.A4(c)

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Issued to direct the respondent to vacate the room.

Reference:

Ext.A5(a)

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Proof of sending the lawyer notice.

Reference:

Ext.A5(b)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Confirmation of receipt of the lawyer notice by the respondent.

Reference:

Ext.A5(c)

Document Type: Ownership Certificate

Submitted By: Plaintiff

Relevance:

Provides proof of ownership of the petition schedule building.

Reference:

Ext.A6(a)

Document Type: Ownership Certificate

Submitted By: Plaintiff

Relevance:

Provides proof of ownership of the petition schedule building.

Reference:

Ext.A6(b)

Document Type: Ownership Certificate

Submitted By: Plaintiff

Relevance:

Provides proof of ownership of the petition schedule building.

Reference:

Ext.A6(c)

Document Type: Building Tax Receipt

Submitted By: Plaintiff

Relevance: