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RENT CONTROL PETITION NO. 69 OF 2015

Case between M.T. Muhammed et al vs Abdul Nazar regarding eviction

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-03-31
Duration
2 years, 4 months
Case Closed
Sat, 03/31/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioners seek eviction of the respondent from a shop room due to unpaid rent, subletting, and bonafide need for security staff.

Judgment Outcome

Plaintiff Won
Interim Order
The petition is allowed for eviction under Section 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Judgment Favored
Plaintiff
Relief Granted
Eviction
Case Type
Eviction under Kerala Buildings (Lease & Rent Control) Act, 1965
Final Judgment
No
The petition is allowed for eviction under Section 11(2) and 11(3) of the Kerala Buildings (Lease & Rent Control) Act.
Why Plaintiff Won:
The petitioner proved unpaid rent, unauthorized subletting, and bonafide need for security staff.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Therefore, I find no reason to disbelieve the bonafide needs put forward by the petitioner. Considering the materials on record, the petitioner bonafidely required the petition schedule room providing security facilities for building.

Judgment Evidence:

The petition is allowed directing the respondents to give vacant possession of the shop rooms to the petitioners within three months from the date of this order under Section 11(2) and 11(3) of the Act.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
M.T. Muhammed
Party Age
50
Relation
Son of Koyahaji
Party Role
Plaintiff
Party Name
Salmanul Faris
Party Age
27
Relation
Son of M.T. Muhammed
Party Role
Plaintiff
Party Name
Muhammed Faizal
Party Age
24
Relation
Son of M.T. Muhammed
Party Role
Defendant
Party Name
Abdul Nazar
Party Age
49
Relation
Son of Ali
Plaintiffs Documents
Rent Agreement, Copy of Registered Lawyer Notice, Acknowledgment Card
Defendants Documents
Not mentioned

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Petitioners to get vacant possession of the shop rooms within three months
Evidence:
The petition is allowed directing the respondents to give vacant possession of the shop rooms to the petitioners within three months from the date of this order under Section 11(2) and 11(3) of the Act.

Documents & Evidence

Document Type: Rent Agreement
Submitted By: Plaintiff
Relevance:
Evidence of rental agreement with the respondent
Reference:
A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice demanding vacant possession from the respondent
Reference:
A2
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of the lawyer notice served to the respondent
Reference:
A3

Case Classification

Case Type
Eviction under Kerala Buildings (Lease & Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between M.T. Muhammed et al vs Abdul Nazar regarding eviction
Case Code Year
Case between M.T. Muhammed et al vs Abdul Nazar regarding eviction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 11/11/2015 - 12:00
Case Closed
Sat, 03/31/2018 - 12:00
From
Thu, 03/01/2018 - 12:00
To
Sat, 03/31/2018 - 12:00
Outcome Confidence
100%

Involved Entities

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