Case Summary
Muhammedkutty filed a petition against Komu seeking eviction from a shop room that he rented. The petitioner claimed he needed the property for his son to start a business, while the respondent contended he had a valid lease for his barber shop.
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 allowed the eviction petition under S. 11(3) of the Kerala Buildings (Lease and Rent Control) Act, directing the respondent to vacate the premises within three months. The petition was partially dismissed for other grounds.
Why Plaintiff Won:
The petitioner proved bona fide need for the property for his son to start a business.
The petitioner proved bona fide need for the property for his son to start a business.
Losing Side's Weaknesses:
The petitioner proved bona fide need for the property for his son to start a business.
The petitioner proved bona fide need for the property for his son to start a business.
Supporting Evidence
The court held that the petitioner has proved that he is in bona fide need of the petition schedule shop room for the purpose of his dependant 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: 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
- Son
- Party Role
- Defendant
- Party Name
- Komu
- Relation
- S/o
Plaintiffs Documents
Copy of Jenm Assignment deed, Copy of Lawyer Notice, Reply Notice
Defendants Documents
Daily Deposit Pass Book
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Shareef
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Majeed Kalappattil
- Appearance Type
- Assisting 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
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Evicts the respondent from the petition schedule shop room.
Evidence:
I hold a view that the petitioner has proved that he is in bona fide need of the petition schedule shop room for the purpose of his dependant son, PW2 to start a business.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to realise costs of the petition from the respondent.
Evidence:
I find no reason to deviate from the normal rule. So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Relevant to establish ownership of the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demands the respondent to surrender vacant possession of the shop room.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Responds to the allegations made by the respondent.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Details the condition of the shop room inspected by the Advocate Commissioner.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provides a layout of the shop room in relation to the eviction petition.
Reference:
Ext.C2
Document Type:
Daily Deposit Pass Book
Submitted By:
Defendant
Relevance:
Demonstrates payment of rent by the respondent, countering claims of arrears.
Reference:
Ext.B1
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
Non-payment of rent
Case Code
Case between Muhammedkutty vs Komu regarding eviction of tenant
Case Code Year
Case between Muhammedkutty vs Komu regarding eviction of tenant