Case Summary
Mumthas filed a petition against Faisal for eviction from a shop room that she claims is needed for her husband's business. The respondent has been absent and has not paid rent since March 2019.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the shop room to the petitioner within two months and costs of the petition
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner demonstrated a bona fide requirement for the shop room for her husband's business.
The petitioner demonstrated a bona fide requirement for the shop room for her husband's business.
Judgment Evidence:
In the result the petition is allowed with cost, as follows I. The respondent is hereby directed to give vacant possession of the petition schedule shop room to the petitioner within two months from today.
Parties Involved
Plaintiffs
Mumthas (40 years)
Vazhamthodi House, Kallingalparamba, Kalpakanchery amsom desom, Tirur Taluk
Defendants
Faisal (44 years)
Palamparambil House, Pathampad, Niramaruthoor amsom desom, Tirur Taluk, Pin – 676 109
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner is granted an order of eviction for the respondent to vacate the shop room.
Evidence:
Therefore, I am satisfied that the petitioner has proved her case by adducing cogent and reliable evidence.
Relief Type:
Costs
Outcome:
Granted
Description:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the petitioner.
Evidence:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding the vacant possession of the petition schedule room.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the notice issued to the respondent.
Reference:
Ext.A1(b)
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned notice since the addressee left India.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commissioner's report regarding the shop room's condition.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner.
Reference:
Ext.C2