R.C.P. No. 91/2018

Case between Salam et al vs O.M. Nazar regarding eviction of tenant

Court

Court of the Third Addl. Munsiff & Rent Controller, Ernakulam

Judge

Smt. REEJA R. NAIR

Order Date

2025-10-25

Duration

Judgement document from eCourt website

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Case Summary

The petitioners, Salam and others, seek eviction of the respondent, O.M. Nazar, from a shop room they claim is required for their own use. The respondent argues that the petition lacks legal standing due to alleged non-joinder of necessary parties and disputes the petitioners' claimed ownership.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition, ordering the respondent to vacate the premises within 30 days, citing the petitioners' genuine need for the shop for their business.

Judgment Favored

Plaintiff

Relief Granted

The respondent is directed to put the petitioner in possession of the petition schedule building within 30 days.

Case Type

Rent Control Petition

Final Judgment

Why Plaintiff Won:
The petitioners proved a bona fide need for the shop for their own occupation.

Judgment Evidence:

In the result, the petition is allowed under sections 11(3) and 11(4)(iii) of the Act as follows; The respondent is hereby directed to put the petitioner in possession of the petition schedule building within 30 days from today.

Parties Involved

Plaintiffs

Salam (52 years) Poovathummottil House, Edappally P.O., Toll Gale, Ernakulam-682024 Saly (48 years) Poovathummottil House, Edappally P.O., Toll Gale, Ernakulam-682024 Sakeer (44 years) Poovathummottil House, Edappally P.O., Toll Gale, Ernakulam-682024 Sameer (39 years) Poovathummottil House, Edappally P.O., Toll Gale, Ernakulam-682024

Defendants

Sri. O.M. Nazar (Age not specified years) Othalakuzhi House, Door No.XXXIII/744 [Kalamassery Municipality] 'Kadavil Mansion', Edappally P.O., Toll junction, Ernakulam-682024

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

The respondent is directed to vacate the premises.

Evidence:

The respondent is hereby directed to put the petitioner in possession of the petition schedule building within 30 days from today.

Relief Type: Costs

Outcome: Granted

Description:

Petitioners are entitled to costs of the proceedings.

Evidence:

Hence, the petitioner is entitled to get the costs.

Documents & Evidence

Document Type: Lawyer's Notice

Submitted By: Plaintiff

Relevance:

Copy of lawyer’s notice issued to the respondent seeking vacant possession.

Reference:

Ext.A1

Document Type: Lawyer's Notice

Submitted By: Plaintiff

Relevance:

Copy of lawyer’s notice issued to the respondent seeking vacant possession.

Reference:

Ext.A2

Document Type: Lawyer's Notice

Submitted By: Plaintiff

Relevance:

Copy of lawyer’s notice issued to another respondent.

Reference:

Ext.A3

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Postal receipt related to the sending of notices.

Reference:

Ext.A4

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Postal receipt dated related to the notices.

Reference:

Ext.A5

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Acknowledgment card issued by the respondent.

Reference:

Ext.A6

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Reply notice issued by the respondent.

Reference:

Ext.A7

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Acknowledgment card by the respondent.

Reference:

Ext.A8

Document Type: Reply Notice

Submitted By: Plaintiff

Relevance:

Reply notice issued by the respondent.

Reference:

Ext.A9

Document Type: Building Certificate

Submitted By: Plaintiff

Relevance: