Case Summary
Muhammedkutty filed a petition against Komu for eviction from a shop room due to non-payment of rent and for personal necessity to start a business for his son. Komu contested the eviction citing continued payment of rent and suitability of the premises for his tea stall business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to give vacant possession of the petition schedule property to the petitioner within three months from today.
Case Type
Rent Control Petition
Final Judgment
No
The court found that the petitioner had a genuine need for the eviction of the respondent based on the bona fide requirement for his son's business. The claim for eviction was allowed under Section 11(3) of the Kerala Building Act.
Why Plaintiff Won:
The bona fide need projected by the petitioner was supported by the testimony of the petitioner's son.
The bona fide need projected by the petitioner was supported by the testimony of the petitioner's son.
Losing Side's Weaknesses:
The bona fide need projected by the petitioner was supported by the testimony of the petitioner's son.
The bona fide need projected by the petitioner was supported by the testimony of the petitioner's son.
Supporting Evidence
The petitioner has projected his need for the requirement of his son PW2 to start a business.
Judgment Evidence:
In the result, the petition is allowed under S. 11(3) of the Kerala Buildings (Lease and Rent Control) Act as follows: I. The respondent is directed to give vacant possession of the petition schedule property to the petitioner within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammedkutty
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sahad
- Party Age
- 24
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Komu
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Basheer
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Jenm Assignment deed No. 18-8-2004, Copy of Lawyer Notice dated 17-11-2015, Copy of reply Notice dated 26-11-2015
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Shareef
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Majeed Kalappattil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.P.Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.I.V.Ratheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to get an order directing the respondent to give vacant possession of the shop room.
Evidence:
The petitioner is entitled to get an order under S. 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondents.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Jenam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Marked as evidence showing the ownership of the petitioner's property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the petitioner demanding the respondent to surrender vacant possession.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply to the notice issued by the petitioner.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the Advocate Commissioner inspecting the shop room.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner related to the inspection of the shop room.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Muhammedkutty vs Komu regarding eviction of tenant
Case Code Year
Case between Muhammedkutty vs Komu regarding eviction of tenant