Case Summary
The petitioners, Shoukkath. O. P and his wife Fousiya. C, seek to evict the respondent Puthanpurayil Sasidharan from a shop room they own, asserting a bonafide need for the space to start a business. The respondent claims to be a tenant and disputes the need for eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room within 30 days.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioners, granting them eviction of the respondent from the shop room based on their bonafide need to use the space for a business.
Why Plaintiff Won:
The petitioners successfully established a bonafide need for the shop room to commence a business.
The petitioners successfully established a bonafide need for the shop room to commence a business.
Losing Side's Weaknesses:
The petitioners successfully established a bonafide need for the shop room to commence a business.
The petitioners successfully established a bonafide need for the shop room to commence a business.
Supporting Evidence
It is established that the need projected by the petitioners is bonafide, supported by evidence and unchallenged by the respondent.
Judgment Evidence:
In the result, RCP is allowed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shoukkath. O. P
- Party Age
- 45
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Fousiya. C
- Party Age
- 35
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Puthanpurayil Sasidharan
- Party Age
- 67
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 03.01.2013, Various documents marked as Ext.A1 to A16.
Defendants Documents
Various documents marked as Ext.B1 to B5.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. K. Anil Raj
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Rasik. C
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P. Muraleedharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the petition schedule shop room.
Evidence:
The Rent Control Petition is allowed under Sec.11(3) of the act and the respondent/tenant is directed to hand over the vacant possession of the petition schedule shop room to the petitioners within a period of 30 days from the date of order.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners claimed costs for the petition.
Evidence:
Petitioners are entitled to get the costs of the petition.
Documents & Evidence
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
Document used to establish the ownership of the petition schedule shop room by the petitioners.
Reference:
Ext.A1
Document Type:
Certified copy of Plaint
Submitted By:
Plaintiff
Relevance:
Document related to a suit filed by the petitioners for eviction of another tenant.
Reference:
Ext.A2
Document Type:
Certified Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice issued to the respondent as part of the eviction process.
Reference:
Ext.A3
Document Type:
Certified Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another lawyer notice issued to the respondent to reinforce the petitioners' claims.
Reference:
Ext.A4
Document Type:
Certified Copy of Postal Receipt
Submitted By:
Plaintiff
Relevance:
Document evidencing the sending of notices related to eviction.
Reference:
Ext.A5
Document Type:
Certified copy of postal acknowledgment card
Submitted By:
Plaintiff
Relevance:
Document confirming receipt of notices by the respondent.
Reference:
Ext.A6
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Document showing favorable judgment in a related suit for the petitioners.
Reference:
Ext.A7
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgment confirming the petitioners' claims in the prior suit.
Reference:
Ext.A8
Document Type:
Certified copy of decree
Submitted By:
Plaintiff
Relevance:
Another decree in favor of the petitioners in a related case.
Reference:
Ext.A9
Document Type:
Certified Copy of Judgment
Submitted By:
Plaintiff
Relevance:
Judgment in the second suit that supports the petitioners.
Reference:
Ext.A10
Document Type:
Certified copy of Abstract of license register
Submitted By:
Plaintiff
Relevance:
License register to establish business activity related to the eviction.
Reference:
Ext.A11
Document Type:
Trade License
Submitted By:
Plaintiff
Relevance:
License issued to a party involved to illustrate business legitimacy.
Reference:
Ext.A12
Document Type:
Trade License
Submitted By:
Plaintiff
Relevance:
Another license evidencing business activity relevant to the case.
Reference:
Ext.A13
Document Type:
Certified copy of Delivery report
Submitted By:
Plaintiff
Relevance:
Report indicating status of possession in related cases.
Reference:
Ext.A14
Document Type:
Certified Copy of Delivery Account
Submitted By:
Plaintiff
Relevance:
Account of deliveries related to tenancy issues.
Reference:
Ext.A14(a)
Document Type:
Certified copy of Delivery report
Submitted By:
Plaintiff
Relevance:
Report regarding another related eviction case.
Reference:
Ext.A15
Document Type:
Certified Copy of Delivery Account
Submitted By:
Plaintiff
Relevance:
Document detailing the delivery account for the second eviction case.
Reference:
Ext.A15(a)
Document Type:
Trade License
Submitted By:
Plaintiff
Relevance:
Document showcasing a valid trade license related to business operations.
Reference:
Ext.A16
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Document produced by the defendant as evidence of their claims.
Reference:
Ext.B1
Document Type:
Certificate
Submitted By:
Defendant
Relevance:
Another certificate from the defendant's side for the case.
Reference:
Ext.B2
Document Type:
Application
Submitted By:
Defendant
Relevance:
Application submitted by the defendant related to the case.
Reference:
Ext.B3
Document Type:
Office notes
Submitted By:
Defendant
Relevance:
Notes related to the defendant's application and case.
Reference:
Ext.B3(a)
Document Type:
Application
Submitted By:
Defendant
Relevance:
Further application from the defendant regarding the ongoing matters.
Reference:
Ext.B3(b)
Document Type:
Assessment Register
Submitted By:
Defendant
Relevance:
Document evidencing assessments connected to the case.
Reference:
Ext.B4
Document Type:
Certified Copy of Agreement
Submitted By:
Defendant
Relevance:
Agreement document relevant to the tenancy and claims of the defendant.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Official report from commission related to the site and occupancy.
Reference:
Ext.C1
Document Type:
Commissioners plan
Submitted By:
Court
Relevance:
Plan submitted by commissioner during the proceedings.
Reference:
Ext.C2
Document Type:
Commissioners plan
Submitted By:
Court
Relevance:
Additional plan submitted by a different commissioner in the case.
Reference:
Ext.C3
Document Type:
Commissioners plan
Submitted By:
Court
Relevance:
Final plan submitted by the advocate commissioner pertinent to the case.
Reference:
Ext.C4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Bonafide need for tenant
Case Code
Case between Shoukkath. O. P vs Puthanpurayil Sasidharan regarding eviction of tenant for bonafide need.
Case Code Year
Case between Shoukkath. O. P vs Puthanpurayil Sasidharan regarding eviction of tenant for bonafide need.