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

Case Closed

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

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.

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

Losing Side's Weaknesses:
The petitioners proved a bona fide need for the shop for their own occupation.

Supporting Evidence

The court is convinced with the bona fide need as projected by the petitioner under section 11(3) of the Act. Nothing was brought out in evidence to discredit the same.

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

Parties

Party Role: Plaintiff
Party Name: Salam
Party Age: 52
Relation: S/o

Party Role: Plaintiff
Party Name: Saly
Party Age: 48
Relation: S/o

Party Role: Plaintiff
Party Name: Sakeer
Party Age: 44
Relation: S/o

Party Role: Plaintiff
Party Name: Sameer
Party Age: 39
Relation: S/o

Party Role: Defendant
Party Name: Sri. O.M. Nazar
Relation: S/o

Plaintiffs Documents

Copy of Lawyer’s notice dated 24.04.2018, Postal receipts.

Defendants Documents

Rent renewal letter to respondent dated 20.03.2018.

Advocates

Party Role: Plaintiff
Advocate Name: Joby Jacob Pulickekudy
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Anil George
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Sumeesh K.S.
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Nivya Valson
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Fathima Sulfath N.B.
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Dinic J. Coyeara
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: K.G. Cleetus
Appearance Type: Main Counsel

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: