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
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.
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
Plaintiffs
Safiya (56 years)
Parappurath House, Tanalur amsom & Post, Pakara desom, Tirur Taluk
Roubeela (37 years)
Parappurath House, Tanalur amsom & Post, Pakara desom, Tirur Taluk
Ashique (26 years)
Parappurath House, Tanalur amsom & Post, Pakara desom, Tirur Taluk
Defendants
The Secretary, Department of Posts (Age not specified years)
Dak Bhawan, Sansad Marg, New Delhi – 110001
The Superintendent of Post Offices (Age not specified years)
Tirur Division, Tirur 676 104, Malappuram Dist
Abdul Rauf (35 years)
Parappurath House, Tanalur amsom & Post, Pakara desom, Tirur Taluk
Government of India (Age not specified years)
Dak Bhawan, Sansad Marg, New Delhi – 110001
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