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
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.
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
Plaintiffs
Parakkattil Hamza (63 years)
Vadakkumbram amsom, desom, Tirur taluk
Defendants
Muhammed (52 years)
Paruthi Kalayil House, Kattiparuthi amsom, desom, Post Valancheri, Tirur
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