Case Summary
Petitioner Rabiya seeks eviction of respondent Alavi Basheer to start a Furniture business in a commercial area.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction under Section 11(3) & 11(4)(iii) of Kerala Building (Lease & Rent Control) Act, 1965
Case Type
Eviction under Kerala Building (Lease & Rent Control) Act, 1965
Final Judgment
No
The court granted eviction and directed the respondent to provide vacant possession of the building to the petitioner within three months.
Why Plaintiff Won:
The respondent remained exparte, and the evidence provided by the petitioner remained unchallenged, supporting the bonafide need for eviction.
The respondent remained exparte, and the evidence provided by the petitioner remained unchallenged, supporting the bonafide need for eviction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The burden is on the defendant to prove entitlement to benefits under Sec.11(3). Since the respondent remained exparte, the evidence by the petitioner remained unchallenged, supporting the bonafide needs presented.
Judgment Evidence:
The petition is allowed under section 11(3) & of the Kerala Buildings (Lease and Rent Control) Act, 1965, directing the respondent to provide vacant possession of the building to the petitioner within three months from the date of the order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rabiya
- Party Age
- 45
- Relation
- Daughter of Pannikandathil Moosa Haji, Wife of Manakkadavan Kammathkutty
- Party Role
- Defendant
- Party Name
- Kunnathparambil Alavi Basheer
- Party Age
- 48
- Relation
- Son of Eni Haji
Plaintiffs Documents
Cash Receipt, Commission report, Commission plan
Defendants Documents
Not available
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T.Ramankutty Menon
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.T.Ramgopal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner granted eviction under Section 11(3) & 11(4)(iii) of Kerala Building (Lease & Rent Control) Act, 1965.
Evidence:
The petition is allowed under section 11(3) & of the Kerala Buildings (Lease and Rent Control) Act, 1965, directing the respondent to provide vacant possession of the building to the petitioner within three months from the date of the order.
Relief Type:
Cost Recovery
Outcome:
Unknown
Description:
Petitioner entitled to realize the cost of the petition from the respondent.
Evidence:
Not specified in the judgment.
Documents & Evidence
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Submitted as a document in support of the petition.
Reference:
A1
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Commission report submitted by Smt. Neethu.P.T., Advocate Commissioner.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Plaintiff
Relevance:
Commission plan submitted by Smt. Neethu.P.T., Advocate Commissioner.
Reference:
C2
Case Classification
Case Type
Eviction under Kerala Building (Lease & Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction for own business purposes
Case Code
Case between Rabiya vs Kunnathparambil Alavi Basheer regarding eviction for Furniture business
Case Code Year
Case between Rabiya vs Kunnathparambil Alavi Basheer regarding eviction for Furniture business