Skip to main content
Niyamam AI Niyamam AI

Main navigation

  • Home
  • Lawyer Login
  • Lawyer Registration
  • About us
  • Contact
RENT CONTROL PETITION NO. 25 OF 2016

Case between Muhammedkutty vs Komu regarding eviction of tenant

Court
RENT CONTROL COURT
Judge
Sri. Jankish Narayanan
Order Date
2019-08-27
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
Save Case Find Similar Cases

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

Plaintiff Won
Interim Order
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.
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.
Losing Side's Weaknesses:
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

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 01/18/2016 - 12:00
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
85%

Involved Entities

Similar Cases

Case between Mannil Kunhalan Haji's children vs Vasu et al regarding eviction of respondents.
COURT OF THE RENT CONTROL OF TIRUR
Rent Control Petition Plaintiff Won
Case between Pilakkattil Kunhoosakutty Haji vs The District Registrar (GL), Malappuram et al regarding rent control
The Court of the Rent Controller of Tirur
Rent Control Petition Defendant Won
Case between Aminakutty et al vs Alikutty @ Babu regarding eviction
THE COURT OF THE RENT CONTROLLER OF TIRUR
Rent Control Petition Plaintiff Won
Case between Kainikkara Abdurehiman vs Edasseri Ibrahim's Children et al regarding rent arrears
Rent Controller of Tirur
Rent Control Petition Defendant Won
Case between Abdurahiman et al vs Rukhiya et al regarding eviction for non-payment of rent
Court of Rent Controller of Tirur
Rent Control Petition Plaintiff Won