Case Summary
This case involves Moochikkadan Sooppy Haji and Kunhimuhammed Haji as petitioners seeking eviction of various respondents from properties they are renting. The petitioners claim they need the properties for a supermarket and allege that the respondents have sublet the rooms without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioners are granted eviction with requirement to vacate within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitions for eviction under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, stating the petitioners' need for the premises is bonafide for starting a business. The respondents were directed to vacate the properties within two months.
Why Plaintiff Won:
The court found that the petitioners demonstrated a genuine need for the premises to start a business.
The court found that the petitioners demonstrated a genuine need for the premises to start a business.
Losing Side's Weaknesses:
The court found that the petitioners demonstrated a genuine need for the premises to start a business.
The court found that the petitioners demonstrated a genuine need for the premises to start a business.
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: a) 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
- Party Role
- Plaintiff
- Party Name
- Kunhimuhammed Haji
- Party Age
- 51
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Basheer
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.T. Asainar
- Party Role
- Defendant
- Party Name
- Kuryakkose
- Party Role
- Defendant
- Party Name
- Narayanan
- Party Role
- Defendant
- Party Name
- Moideenkutty
- Party Role
- Defendant
- Party Name
- Saidalavi
Plaintiffs Documents
Ownership Certificate, Lawyer Notices.
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
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookayil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Sreehari
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Evidence:
The petitioners are entitled for an order u/s 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 in RCP.34/2014 to 38/2014.
Relief Type:
Eviction
Outcome:
Refused
Description:
Order of eviction under section 11(4)(i) in RCP.34/2014 and 37/2014.
Evidence:
Hence, the petitioners are not entitled for an order u/s 11(4)(i) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to notify the respondent to vacate the premises.
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:
Acknowledgment of the receipt of lawyer notice by the respondent.
Reference:
Ext.A1(c)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to notify the respondent to vacate the premises.
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:
Acknowledgment of the receipt of lawyer notice by the respondent.
Reference:
Ext.A2(c)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to notify the respondent to vacate the premises.
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:
Acknowledgment of the receipt of lawyer notice by the respondent.
Reference:
Ext.A3(c)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to notify the respondent to vacate the premises.
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:
Acknowledgment of the receipt of lawyer notice by the respondent.
Reference:
Ext.A4(c)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to notify the respondent to vacate the premises.
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:
Acknowledgment of the receipt of lawyer notice by the respondent.
Reference:
Ext.A5(c)
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property by the petitioners.
Reference:
Ext.A6(a)
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property by the petitioners.
Reference:
Ext.A6(b)
Document Type:
Ownership Certificate
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property by the petitioners.
Reference:
Ext.A6(c)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments regarding the property.
Reference:
Ext.A7(a)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments regarding the property.
Reference:
Ext.A7(b)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments regarding the property.
Reference:
Ext.A7(c)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments regarding the property.
Reference:
Ext.A7(d)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments regarding the property.
Reference:
Ext.A7(e)
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Proof of tax payments regarding the property.
Reference:
Ext.A7(f)
Document Type:
Letter from Secretary, Tirur Municipality
Submitted By:
Plaintiff
Relevance:
Official correspondence related to the property.
Reference:
Ext.A8
Document Type:
Letter from Secretary, Tirur Municipality
Submitted By:
Plaintiff
Relevance:
Official correspondence related to the property.
Reference:
Ext.A9
Document Type:
Kanam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document related to the ownership transfer.
Reference:
Ext.A10
Document Type:
Building Tax Assessment Register
Submitted By:
Defendant
Relevance:
Evidence regarding the property tax assessments.
Reference:
Ext.B1(a)
Document Type:
Building Tax Assessment Register
Submitted By:
Defendant
Relevance:
Evidence regarding the property tax assessments.
Reference:
Ext.B1(b)
Document Type:
Building Tax Assessment Register
Submitted By:
Defendant
Relevance:
Evidence regarding the property tax assessments.
Reference:
Ext.B1(c)
Document Type:
Building Tax Assessment Register
Submitted By:
Defendant
Relevance:
Evidence regarding the property tax assessments.
Reference:
Ext.B1(d)
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Court's inspection report on the property.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan related to the property inspection.
Reference:
Ext.C2
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Second court inspection report.
Reference:
Ext.C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Plan related to the second court inspection.
Reference:
Ext.C4
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
Case Code
Case between Moochikkadan Sooppy Haji et al vs Muhammed Basheer et al regarding eviction for bonafide need.
Case Code Year
Case between Moochikkadan Sooppy Haji et al vs Muhammed Basheer et al regarding eviction for bonafide need.