Case Summary
Parakkattil Hamza, the petitioner, seeks eviction of Muhammed from a rented room being used for hotel business due to non-payment of rent and for starting a new business. The petitioner claims the room is needed for his brother's cold storage shop.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under section 11(3) of the Kerala Building (Lease and Rent Control) Act, 1965, ordering the respondent to vacate the premises within 2 months.
Why Plaintiff Won:
The court found the petitioner's need for the premises to be bonafide and substantiated by evidence.
The court found the petitioner's need for the premises to be bonafide and substantiated by evidence.
Losing Side's Weaknesses:
The court found the petitioner's need for the premises to be bonafide and substantiated by evidence.
The court found the petitioner's need for the premises to be bonafide and substantiated by evidence.
Supporting Evidence
The petitioner proved that the need put forward by him is bonafide one and there is nothing to non suit the petitioners under the first proviso to section 11(3).
Judgment Evidence:
In the result, Petition stands allowed u/s 11(3) of the Kerala Building (Lease and Rent Control) Act,1965 as follows: a) The respondent is directed to put the petitioner in vacant possession of the petition schedule rooms within 2 months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Parakkattil Hamza
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Registered notice, Receipt Acknowledgement, Reply Notice, Passport, Interior Plan, Bank Statement.
Defendants Documents
Transaction statements.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.T. Ajayan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for the respondent to vacate the petition schedule room.
Evidence:
In the result, Petition stands allowed u/s 11(3) of the Kerala Building (Lease and Rent Control) Act,1965.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realise the entire costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realise the entire costs of the petition from the respondent.
Documents & Evidence
Document Type:
Registered Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding vacant possession of the petition schedule room and rent arrears.
Reference:
Ext.A1
Document Type:
Bank statement
Submitted By:
Plaintiff
Relevance:
Account statement of the petitioner showing transaction details relevant to the case.
Reference:
Ext.A10
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report submitted by the Advocate Commissioner for the court's consideration.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Plan submitted by the Advocate Commissioner related to the case.
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 Parakkattil Hamza vs Muhammed regarding eviction from rented premises
Case Code Year
Case between Parakkattil Hamza vs Muhammed regarding eviction from rented premises