Case Summary
The petitioner, Sherin Sulfikar Ali, seeks eviction of the respondent, Shabin Sait, due to non-payment of rent and bona fide need for her business. The respondent did not contest the case as he failed to appear before the court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building and costs of proceedings awarded to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the eviction of the respondent due to bona fide need expressed by the petitioner. The respondent is also ordered to pay the costs of the proceedings.
Why Plaintiff Won:
The petitioner provided unchallenged evidence supporting her bona fide need for the property.
The petitioner provided unchallenged evidence supporting her bona fide need for the property.
Losing Side's Weaknesses:
The petitioner provided unchallenged evidence supporting her bona fide need for the property.
The petitioner provided unchallenged evidence supporting her bona fide need for the property.
Supporting Evidence
The unchallenged evidence of the petitioner proves that the petitioner bonafide requires the petition schedule building for the purpose of her bonafide need.
Judgment Evidence:
In the result, an order is passed on the following terms: 1.The respondent is directed to hand over the vacant possession of petition schedule building within 30 days from today for the bona fide need of the petitioner under section 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherin Sulfikar Ali
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shabin Sait
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Certified copy of Rent Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for eviction of the respondent from the petition schedule building due to bona fide need.
Evidence:
Therefore, the petitioner is entitled to get an order of eviction under section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the proceedings awarded to the petitioner.
Evidence:
Respondent shall pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of the rent agreement showing the terms of lease and payment obligations.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice sent to the respondent regarding the default in rent payment.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice related to the legal notice.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Sherin Sulfikar Ali vs Shabin Sait regarding eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act
Case Code Year
Case between Sherin Sulfikar Ali vs Shabin Sait regarding eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act