Case Summary
The petitioners, claiming ownership of the building, sought eviction of the respondent to start a supermarket business, alleging subletting and lack of need on respondent's part.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order under section 11(3) for starting business
Case Type
Civil - Rent Control
Final Judgment
No
Petitioners granted eviction for starting a supermarket business, while respondents' subletting grounds dismissed.
Why Plaintiff Won:
Respondent did not prove main income source is from the premises; Petitioner's bonafide need for business established.
Respondent did not prove main income source is from the premises; Petitioner's bonafide need for business established.
Losing Side's Weaknesses:
Respondent did not prove main income source is from the premises; Petitioner's bonafide need for business established.
Respondent did not prove main income source is from the premises; Petitioner's bonafide need for business established.
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...
Parties Involved
Parties
Plaintiffs Documents
Copy of Lawyer Notice dated 08-01-2014, Postal Receipts, Acknowledgment Cards, Ownership Certificates, Building Tax Receipts, Kanam Assignment Deed
Defendants Documents
Copy of Building Tax Assessment Register
Advocates
Documents & Evidence
Case Classification
Case Type
Civil - Rent Control
Category
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 regarding eviction for starting business
Case Code Year
Case between Moochikkadan Sooppy Haji et al vs Muhammed Basheer regarding eviction for starting business