Case Summary
The petitioners, Mrs. Sheela Aby and Dr. John Aby, seek eviction of Mr. Muhammed Fazil Basheer and M/s. AIMFIFLL INTERNATIONAL from a commercial space over unpaid rent and personal requirement. The petitioners claim the respondent has not paid rent since July 2019 and requires the premises for their dental clinic.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition for eviction of the respondent due to arrears of rent and bona fide personal requirement. The respondent is directed to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners established the existence of a landlord-tenant relationship and proved that rent was in arrears.
The petitioners established the existence of a landlord-tenant relationship and proved that rent was in arrears.
Losing Side's Weaknesses:
The petitioners established the existence of a landlord-tenant relationship and proved that rent was in arrears.
The petitioners established the existence of a landlord-tenant relationship and proved that rent was in arrears.
Supporting Evidence
Thus the bonafide need put forth by the petitioners remained unshaken even in cross examination of PW1. Hence, on analyzing the above facts and entire evidences available on records, this court is convinced with the bonafide need as projected by the petitioners under section 11(3) of the Act.
Judgment Evidence:
In the result, the petition is allowed under sections 11(2)(b) and 11(3) of the Act as follows; i. The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Sheela Aby
- Party Age
- 69
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Dr. John Aby
- Party Age
- 49
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr. Muhammed Fazil Basheer
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s. AIMFIFLL INTERNATIONAL
- Relation
- Represented BY
Plaintiffs Documents
Copy of Lawyer’s notice dated 02.07.2021, Original postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Basil Mathew
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sanjana Sara Varghese Annie
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Ninan John
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Arya A.R.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Mohammed Siyad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the rented premises.
Evidence:
The petition is allowed under sections 11(2)(b) and 11(3) of the Act as follows; i. The respondent is hereby directed to put the petitioners in possession of the petition schedule building within 30 days from today.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioners sought the recovery of costs incurred during the proceedings.
Evidence:
Hence, the petitioner is entitled to get the costs.
Documents & Evidence
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
The notice informed the respondent about the demand for clearing rent arrears.
Reference:
Ext.A1
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
The receipts serve as proof of the attempts made to send notices to the respondent.
Reference:
Ext.A2 series
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope was returned unserved with endorsement 'Noticed', indicating delivery failure.
Reference:
Ext.A3
Document Type:
Returned Postal envelope
Submitted By:
Plaintiff
Relevance:
This envelope was returned as unclaimed, further demonstrating failed communication attempts.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Mrs. Sheela Aby et al vs Mr. Muhammed Fazil Basheer et al regarding eviction
Case Code Year
Case between Mrs. Sheela Aby et al vs Mr. Muhammed Fazil Basheer et al regarding eviction