RENT CONTROL PETITION NOs. 14 OF 2015 AND 15 OF 2015

Case between Muhammed Abdurahiman et al vs Moideen Master's children et al regarding maintainability of Rent Control Petition

Court

Rent Controller of Tirur

Judge

Smt. VINCY.T.V.,B.A, LL.B.

Order Date

2016-10-07

Duration

1 year

Case Closed

Fri, 10/07/2016 - 12:00

Judgement document from eCourt website

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Case Summary

Petitioners filed Rent Control Petition seeking permission to act on behalf of mentally retarded person Ayisumma under Kerala Buildings (Lease and Rent Control)Act against the respondents.

Judgment Outcome

Partial Relief

Interim Order

The court declared that the Rent Control Petition filed by the petitioners to act on behalf of a mentally retarded person is maintainable under Kerala Buildings (Lease and Rent Control) Act.

Judgment Favored

Petitioner

Relief Granted

Rent Control Petition maintainable

Case Type

Rent Control Petition

Final Judgment

The court declared that the Rent Control Petition filed by the petitioners to act on behalf of a mentally retarded person is maintainable under Kerala Buildings (Lease and Rent Control) Act.

Key Reasoning:
The duty casted upon the court is to protect and safeguard the interest of the persons affected with mental infirmity, and the petitioners, being the brothers of the mentally retarded person, are proper persons to safeguard the interest of the mentally retarded person.

Losing Side's Weaknesses:
The duty casted upon the court is to protect and safeguard the interest of the persons affected with mental infirmity, and the petitioners, being the brothers of the mentally retarded person, are proper persons to safeguard the interest of the mentally retarded person.

Supporting Evidence

The duty casted upon the court is to protect and safeguard the interest of the persons affected with mental infirmity.

Judgment Evidence:

So I am not inclined to look into the other aspects. Hence the petition is maintainable.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Muhammed Abdurahiman
Party Age: 74
Relation: Son of Kainikkara Saidu Mooppan

Party Role: Plaintiff
Party Name: Abdurahiman
Party Age: 42
Relation: Son of Kainikkara Mammi

Party Role: Defendant
Party Name: Moideen Master's children

Party Role: Defendant
Party Name: Kallingal Salma
Party Age: 40
Relation: Wife of Kazhungil Muhammed Shafi

Plaintiffs Documents

Not mentioned

Defendants Documents

Not mentioned

Advocates

Reliefs

Relief Type: Rent Control Petition maintainability

Outcome: Granted

Description:

Maintainability of RCP challenged for filing on behalf of mentally retarded person

Evidence:

The court declared that the Rent Control Petition filed by the petitioners to act on behalf of a mentally retarded person is maintainable.

Documents & Evidence

Case Classification