Rent Control Petition Nos. 34/2014, 35/2014, 36/2014, 37/2014, and 38/2014

Case between Moochikkadan Sooppy Haji et al vs Muhammed Basheer et al regarding eviction for starting business

Court

Rent Controller of Tirur

Judge

Smt. Vincy.T.V., B.A., LL.B.

Order Date

2016-12-21

Duration

2 years

Case Closed

Wed, 12/21/2016 - 12:00

Judgement document from eCourt website

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Case Summary

The petitioners sought eviction of the respondents to start a supermarket business in the rented rooms, claiming bonafide need. The respondents disputed the claim stating they were dependent on the businesses conducted in the rooms and had no necessity to vacate.

Judgment Outcome

Judgment Favored

Plaintiff

Relief Granted

Eviction and costs realization

Case Type

Rent Control Petition

Final Judgment

Evicted respondents from the petition schedule building for the petitioners' bonafide need to start a business.

Why Plaintiff Won:
Petitioners proved bonafide need and lack of availability of other spaces, supported by legal documents and witness testimonies.

Losing Side's Weaknesses:
Petitioners proved bonafide need and lack of availability of other spaces, supported by legal documents and witness testimonies.

Supporting Evidence

There is no material on record that would show the respondents are entitled for the benefit of second proviso to section 11(3) of the Act.

Judgment Evidence:

The petitioners are entitled for an order u/s 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 as they put forward their bonafide need supported by substantial evidence.

Parties Involved

Parties

Plaintiffs Documents

Copy of Lawyer Notice, Postal Receipts, Acknowledgment Cards, Ownership Certificate, Building Tax Receipts, Commissioner's Report, Plan, Assignment Deed

Defendants Documents

Copy of Building Tax Assessment Register

Advocates

Documents & Evidence

Case Classification