RENT CONTROL PETITION NOs. 34/2014

Case between Moochikkadan Sooppy Haji et al vs Muhammed Basheer et al regarding eviction for bonafide need.

Court

COURT OF THE RENT CONTROLLER OF TIRUR

Judge

Smt. VINCY.T.V.

Order Date

2016-12-21

Duration

Judgement document from eCourt website

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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

Plaintiff Won

Interim Order

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.

Judgment Favored

Plaintiff

Relief Granted

Petitioners are granted eviction with requirement to vacate within two months.

Case Type

Rent Control Petition

Final Judgment

Why Plaintiff Won:
The court found that the petitioners demonstrated a genuine need for the premises to start a business.

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

Plaintiffs

Moochikkadan Sooppy Haji (74 years years) Iringallur Amsom, Desom and Post, Tirurangadi Taluk, PIN 676 304 Kunhimuhammed Haji (51 years years) Mangat Pallimalil House, Thanaloor Amsom and Post, Areekkad Desom, PIN 676 307, Tirur Taluk.

Defendants

Muhammed Basheer (Age not specified years) Vadakkathintakath House, Thazheppalam, Pookkayil Post, Tirur Taluk. P.T. Asainar (Age not specified years) C/o Calicut Chips, M.K. Idavazhi, Tirur Post and Taluk. Kuryakkose (Age not specified years) S/o Chakkunni, Cheeran House, M.K. Idavazhi, Tirur Post and Taluk. Narayanan (Age not specified years) S/o Subbayya Naidu, Anfas Quarters, Chairman Road, Thrikkandiyoor Amsom, Desom and Post, PIN 676 104, Tirur Taluk. Moideenkutty (Age not specified years) S/o Kunnath parambil Koyakkutty. Saidalavi (Age not specified years) S/o Pevumkattil Kunhimuhammed, Bismillah Fancy, M.K. Idavazhi, Near Central Junction, Tirur Post and Taluk.

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: