Case Summary
Shajahan, the petitioner, seeks eviction of Ajeesh, the respondent, from a shop room for non-payment of rent and bona fide need to start a business. The respondent claims he has been paying rent and requires the shop for his livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant from the petition schedule shop room
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction is partially allowed. Ajeesh is directed to vacate the shop room and hand it over to Shajahan within one month.
Why Plaintiff Won:
Petitioner established bona fide need for eviction and tenant failed to prove his requirement.
Petitioner established bona fide need for eviction and tenant failed to prove his requirement.
Losing Side's Weaknesses:
Petitioner established bona fide need for eviction and tenant failed to prove his requirement.
Petitioner established bona fide need for eviction and tenant failed to prove his requirement.
Supporting Evidence
The petitioner has established his bonafide need under section 11(3) of the Act and is entitled to evict the tenant as per the provision.
Judgment Evidence:
In the result, RCP is allowed in part with costs. An order of eviction is passed u/s. 11(3) of the Act. The respondent is directed to vacate the petition schedule shop room and to hand over the same to the petitioner within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shajahan
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ajeesh
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Rent Agreement executed in between Shajahan and Ajeesh, Copy of Lawyer notice sent by Adv. Divya. K. K to the respondent, Postal Receipt, Postal Acknowledgment Card signed by respondent, Discharge Summary of Shajahan issued by Baby Memorial Hospital, Kozhikode.
Defendants Documents
Certified copy of petition in RCP 61/2016 on the file of Rent Control Court/ Munsiff, Nadapuram, Certified copy of order in RCP 61/2016 on the file of Rent control court/Munsiff, Nadapuram.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt. Divya. K K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Sajeesh Kakkat
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule shop room was requested by the petitioner due to bonafide need.
Evidence:
In the light of discussions held in Point No.1 and 2 RCP is allowed in part with costs as follows: An order of eviction is passed u/s. 11(3) of the Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Executed agreement between the petitioner and the respondent for the tenancy of the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the petitioner to the respondent regarding default in payment of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt confirming dispatch of the lawyer notice to the respondent.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice by the respondent.
Reference:
Ext.A4
Document Type:
Medical Documents
Submitted By:
Plaintiff
Relevance:
Medical discharge summary indicating the petitioner's health issues and need for business establishment.
Reference:
Ext.A5
Document Type:
Certified Copy of Rent Control Petition
Submitted By:
Defendant
Relevance:
Previous rent control petition filed by the petitioner against a different tenant.
Reference:
Ext.B1
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
Order related to the previous rent control petition.
Reference:
Ext.B2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Shajahan vs Ajeesh regarding eviction of tenant
Case Code Year
Case between Shajahan vs Ajeesh regarding eviction of tenant