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RENT CONTROL PETITION NO. 29 OF 2012

Case between M.Prabhakaran vs Kuttikkattil Aalimon regarding eviction for personal use

Court
Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2017-08-17
Duration
Approximately 5 years
Case Closed
Thu, 08/17/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner, M.Prabhakaran, sought eviction of the respondent, Kuttikkattil Aalimon, from a property inherited from his mother for personal use as a visual communication studio for his children.

Judgment Outcome

Plaintiff Won
Interim Order
The petition is allowed for eviction under sections 11(2) and 11(8) of the Kerala Building (Lease and Rent Control) Act. Respondent to vacate the premises within 2 months.
Judgment Favored
Plaintiff
Relief Granted
Eviction from the property for personal occupation
Case Type
Rent Control - Eviction
Final Judgment
No
The petition is allowed for eviction under sections 11(2) and 11(8) of the Kerala Building (Lease and Rent Control) Act. Respondent to vacate the premises within 2 months.
Why Plaintiff Won:
The court found that the petitioner had bonafide need of the property for a visual communication studio and the respondent's denial of the landlord-tenant relationship was not considered bonafide.
Losing Side's Weaknesses:
The court found that the petitioner had bonafide need of the property for a visual communication studio and the respondent's denial of the landlord-tenant relationship was not considered bonafide.
Supporting Evidence
The court found that there was no bonafide denial from the respondent regarding the landlord-tenant relationship and the petitioner's need for the property was established for personal use.

Judgment Evidence:

The petition is allowed under sections 11(2) and 11(8)...The respondent shall give vacant possession of the building to the petitioner within 2 months...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M.Prabhakaran
Party Age
61
Relation
S/o Janakai Amma
Party Role
Defendant
Party Name
Kuttikkattil Aalimon
Party Age
30
Relation
S/o Kuttikkattil Moideenkutty Haji
Plaintiffs Documents
Certified copy of Final decree, Compromise petition, Lawyer Notice, Retirement-cum-Release Deed, Partnership Deed, Completion Certificates, Career Program Certificate
Defendants Documents
Rent agreement

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of respondent from the property for personal occupation as a visual communication studio
Evidence:
The petition is allowed under sections 11(2) and 11(8)...

Documents & Evidence

Document Type: Certified copy of Final decree
Submitted By: Plaintiff
Relevance:
Final decree partitioning the property
Reference:
A1
Document Type: Rent Agreement
Submitted By: Defendant
Relevance:
Rent agreement between respondent and Ramachandran
Reference:
B1

Case Classification

Case Type
Rent Control - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Personal need for property
Case Code
Case between M.Prabhakaran vs Kuttikkattil Aalimon regarding eviction for personal use
Case Code Year
Case between M.Prabhakaran vs Kuttikkattil Aalimon regarding eviction for personal use

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Fri, 08/17/2012 - 12:00
Case Closed
Thu, 08/17/2017 - 12:00
From
Tue, 08/01/2017 - 12:00
To
Thu, 08/31/2017 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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