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RENT CONTROL PETITION NO. 70 OF 2015

Case between Rayin Haji et al vs Saidali regarding eviction for crockery shop

Court
The Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-06-29
Duration
3 years
Case Closed
Fri, 06/29/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Multiple petitioners filed a case seeking eviction of the respondent from a property rented for a chicken stall and claiming bonafide need for starting a crockery shop.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the respondent to vacate the property within one month and pay the petitioner's costs.
Judgment Favored
Plaintiff
Relief Granted
Eviction order and cost payment
Case Type
Eviction Case - Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the property within one month and pay the petitioner's costs.
Why Plaintiff Won:
The petitioners established bonafide need for eviction to start a crockery shop and the respondent failed to defend the claims.
Losing Side's Weaknesses:
The petitioners established bonafide need for eviction to start a crockery shop and the respondent failed to defend the claims.
Supporting Evidence
The respondent opted to remain exparte, making the evidence adduced by the petitioners remain unchallenged.

Judgment Evidence:

In the result, the petition is allowed under section 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Rayin Haji
Party Age
70
Relation
S/o
Party Role
Defendant
Party Name
Saidali
Party Age
55
Relation
S/o
Plaintiffs Documents
Proof affidavit, Copy of Registered Lawyer Notice
Defendants Documents
Nil

Advocates

Party Role
Plaintiff
Advocate Name
Sri.V.Chandrasekharan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Sri.K.Vipin
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. M.A.Ismail
Appearance Type
Assisting Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Vacant possession of the property within one month and cost payment by the respondent.
Evidence:
In the result, the petition is allowed under section 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.

Documents & Evidence

Document Type: Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
Evidence of notice issued to the respondent.
Reference:
Ext.A1

Case Classification

Case Type
Eviction Case - Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for business establishment
Case Code
Case between Rayin Haji et al vs Saidali regarding eviction for crockery shop
Case Code Year
Case between Rayin Haji et al vs Saidali regarding eviction for crockery shop

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Mon, 06/22/2015 - 12:00
Case Closed
Fri, 06/29/2018 - 12:00
From
Fri, 06/01/2018 - 12:00
To
Sat, 06/30/2018 - 12:00
Outcome Confidence
80%

Involved Entities

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