Case Summary
The petitioners, Mr. N.K.Balagopalan and his son Mr. Nidhin Babu, seek eviction of the respondent, Mr. Ahmed Rafeeq, from a shop room for their own bonafide need. The respondent contends that the petitioners' need is not genuine and seeks to dismiss the petition.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Civil Suit
Final Judgment
No
Key Reasoning:
The petitioners failed to prove a bonafide need as required by law.
The petitioners failed to prove a bonafide need as required by law.
Judgment Evidence:
The eviction sought under Section 11(3) of the Act is dismissed.
Parties Involved
Plaintiffs
Mr. N.K.Balagopalan (67 years)
Canal View, Near Police Station, Vaikom Road, Tripunithura
Mr Nidhin Babu (33 years)
Canal View, Near Police Station, Vaikom Road, Tripunithura
Defendants
Mr. Ahmed Rafeeq (42 years)
XX/373, Dr. Kumaran Building, East Fort Gate, Thripunithura-682 301
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
Request for eviction of the respondent from the petition schedule shop room.
Evidence:
The eviction sought under Section 11(3) of the Act is dismissed.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Issued to the respondent to vacate the tenanted premises.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of the lawyer's notice issued to the respondent.
Reference:
Ext.A4
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Provides evidence of ownership of the petition schedule shop room by the first petitioner.
Reference:
Ext.A5
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Supports the financial status of the petitioners.
Reference:
Ext.A6
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes a sale transaction related to the ownership of the property.
Reference:
Ext.A7
Document Type:
Sale deed
Submitted By:
Plaintiff
Relevance:
Establishes another sale transaction related to the ownership of the property.
Reference:
Ext.A8
Document Type:
Order
Submitted By:
Defendant
Relevance:
Final order on the earlier rent control petition related to the same building.
Reference:
Ext.B1
Document Type:
Rent Control Petition
Submitted By:
Defendant
Relevance:
Filed by the petitioners to challenge the eviction request.
Reference:
Ext.B2
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Shows the medical clinic of the petitioner in Eroor.
Reference:
Ext.B3
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Shows the medical clinic of the petitioner in Pananghad.
Reference:
Ext.B4
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Shows the medical clinic of the petitioner in Trippunithura.
Reference:
Ext.B5
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Shows another medical clinic of the petitioner in Eroor.
Reference:
Ext.B6
Document Type:
Objection
Submitted By:
Defendant
Relevance:
Filed by the respondent in RCP 138/2014.
Reference:
Ext.B7
Document Type:
Account book
Submitted By:
Defendant
Relevance:
Pertains to the business income of the respondent.
Reference:
Ext.B8
Document Type:
VAT certificate
Submitted By:
Defendant
Relevance:
Establishes the business operations of the respondent.
Reference:
Ext.B9(d)
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy related to one of the sales of the property.
Reference:
Ext.B10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the advocate commissioner regarding the premises.
Reference:
Ext.C1