Case Summary
Moosa is the petitioner seeking the eviction of Sharafudheen from a shop room due to non-payment of rent. The petitioner claims he needs the shop room to start a stationery business and the respondent has not complied with the terms of their rent agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the petition schedule room within 2 months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, granting the petitioner possession of the shop room and ordering the respondent to deposit arrears of rent. The petitioner was found to have a bonafide need for the room.
Why Plaintiff Won:
The petitioner demonstrated a bonafide need for the property and presented unchallenged evidence supporting his claim.
The petitioner demonstrated a bonafide need for the property and presented unchallenged evidence supporting his claim.
Losing Side's Weaknesses:
The petitioner demonstrated a bonafide need for the property and presented unchallenged evidence supporting his claim.
The petitioner demonstrated a bonafide need for the property and presented unchallenged evidence supporting his claim.
Supporting Evidence
The petitioner is in bonafide need of the petition schedule room for conducting stationary business. There is no material on record to show that there is any other room in the possession of the petitioner in the same city, town or village which is reasonably sufficient for conducting the proposed business.
Judgment Evidence:
In the result, Petition stands allowed u/s 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule room within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moosa
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sharafudheen
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Rent agreement dtd. 06.01.2014, Copy of Registered lawyer notice dtd. 16.06.2016, Acknowledgement card, Reply notice dtd. 04.07.2016, Copy of Registered lawyer notice dtd. 19.10.2016, Acknowledgement card, Reply notice dtd. 14-11-2016.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.Bhavesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Direction for the respondent to vacate the petition schedule room.
Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule room within 2 months from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Authorization for the petitioner to collect unpaid rent from the respondent.
Evidence:
The respondent is at liberty to deposit arrears of rent with interest and cost within 2 months.
Relief Type:
Other
Outcome:
Granted
Description:
Entitlement of the petitioner to claim costs from the respondent.
Evidence:
The petitioner is entitled to realise the entire costs of the petition from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
The document establishes the rental terms under which the respondent occupied the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondent regarding the arrears of rent.
Reference:
Ext.A2
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
It serves as proof of the respondent's receipt of the lawyer notice.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document contains the respondent's denial of the allegations made by the petitioner.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another notice demanding possession and rent arrears from the respondent.
Reference:
Ext.A5
Document Type:
Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
This document confirms that the respondent received the previous lawyer notice.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This is the respondent's reply denying the petitioners claims.
Reference:
Ext.A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The court commissioner's report supports the petitioner's claim regarding the location's business suitability.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
This plan is part of the commission report concerning the petition schedule room.
Reference:
Ext.C2
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
Non-payment of rent
Case Code
Case between Moosa vs Sharafudheen regarding rent control petition
Case Code Year
Case between Moosa vs Sharafudheen regarding rent control petition