Case Summary
The petitioners, Safiya and Roubeela, filed a petition under the Kerala Building (Lease and Rent Control) Act seeking eviction of the Department of Posts and others from a building they claim is required for their own business. The respondents contended that the eviction request was a guise for rent enhancement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to give vacant possession of the petition schedule properties to the petitioners within three months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitions filed under the Kerala Building (Lease and Rent Control) Act, directing the respondents to vacate the premises within three months. The petitioners were also entitled to recover costs from the respondents.
Why Plaintiff Won:
The petitioners successfully demonstrated a bona fide need for the occupancy of the building for their proposed business.
The petitioners successfully demonstrated a bona fide need for the occupancy of the building for their proposed business.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioners along with R3 wanted to start a textile business in the petition schedule building. The building is suitable for conducting the above business. Therefore, the petitioners have successfully proved that they bona fide require the building for their proposed business.
Judgment Evidence:
In the result, the petitions are allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent Nos.1, 2 and 4 are directed to give vacant possession of the petition schedule properties in RCP. 85/2016 and RCP. 86/2016 to the petitioners within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Safiya
- Party Age
- 56
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Roubeela
- Party Age
- 37
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ashique
- Party Age
- 26
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- The Secretary, Department of Posts
- Party Role
- Defendant
- Party Name
- The Superintendent of Post Offices
- Party Role
- Defendant
- Party Name
- Abdul Rauf
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Government of India
Plaintiffs Documents
Copy of Lease Agreement, Copy of legal notices, Copy of Memo
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Nandakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. N.Aravindan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Deepa Gopinath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners are entitled to get an order of eviction against the respondents.
Evidence:
Therefore, the petitioners are entitled to get an order under S. 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioners are entitled to realise the costs of the petition from the respondents.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement was executed for letting out the premises to the Head Post Office.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement was executed for letting out the premises to the Assistant Superintend of Post Office.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondents requesting for enhancement of rent.
Reference:
Ext.A3
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This is the reply to the legal notice issued by the petitioners.
Reference:
Ext.A4
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Another legal notice requesting for vacant possession of the building.
Reference:
Ext.A5
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
This memo is part of the correspondence regarding the lease.
Reference:
Ext.A6
Document Type:
Memo
Submitted By:
Plaintiff
Relevance:
This memo is part of the correspondence regarding the lease.
Reference:
Ext.A7
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
This letter is a notice demanding the vacant possession of the building.
Reference:
Ext.A8
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
Non-payment of rent
Case Code
RCP
Case Code Year
2016