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RENT CONTROL PETITION NO. 39 OF 2016

Case between Pocker vs Zainul Abideen regarding building possession dispute

Court
RENT CONTROLLER OF TIRUR
Judge
Smt. VINCY.T.V.
Order Date
2017-10-31
Duration
1 year
Case Closed
Tue, 10/31/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petitioner seeks eviction of respondent due to misuse of building and bonafide need to start a business with son.

Judgment Outcome

Plaintiff Won
Interim Order
Court ordered respondent to vacate the building within three months due to misuse and granted costs to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
Eviction and costs
Case Type
Rent Control Petition
Final Judgment
No
Court ordered respondent to vacate the building within three months due to misuse and granted costs to the petitioner.
Why Plaintiff Won:
The petitioner was able to establish bonafide need and misuse of the building by the respondent.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Hence in view of the above mentioned discussion I am of the view that the respondents are not entitled for a protection under the second proviso to S.11(3). The petitioner...Therefore, I hold a view that the petitioner is entitled for an order u/s 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965. In view of the afore...

Judgment Evidence:

The petition is allowed under section 11(3) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965, directing the respondent to vacate the building within thre...

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Pocker
Party Age
59
Relation
S/o
Party Role
Defendant
Party Name
Zainul Abideen
Party Age
40
Relation
S/o
Plaintiffs Documents
Jenm Assignment deed dated 8-1-2002, Grade cards issued by National Institute of Technology, Calicut
Defendants Documents
Diary entries

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of respondent from the building
Evidence:
The petitioner is entitled for an order u/s 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965
Relief Type: Costs
Outcome: Granted
Description:
Respondent to pay costs to the petitioner
Evidence:
The petition is allowed under section 11(3) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965, directing the respondent to vacate the building within thre...

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Document supporting ownership
Reference:
A1
Document Type: Grade cards
Submitted By: Plaintiff
Relevance:
Academic evidence
Reference:
A5, A6
Document Type: Diary entries
Submitted By: Defendant
Relevance:
Unknown
Reference:
B1, B2
Document Type: Commission sketch
Submitted By: Court
Relevance:
Report on property condition
Reference:
C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Additional property report
Reference:
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 Pocker vs Zainul Abideen regarding building possession dispute
Case Code Year
Case between Pocker vs Zainul Abideen regarding building possession dispute

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 10/31/2016 - 12:00
Case Closed
Tue, 10/31/2017 - 12:00
From
Sun, 10/01/2017 - 12:00
To
Tue, 10/31/2017 - 12:00
Outcome Confidence
80%

Involved Entities

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