RENT CONTROL PETITION No. 25 OF 2004

Case between T. Muhammed Ashraf et al vs Painingal Muhammedkutty regarding eviction of shop room

Court

COURT OF THE RENT CONTROLLER OF TIRUR

Judge

Sri. JANKISH NARAYANAN

Order Date

2019-07-08

Duration

Judgement document from eCourt website

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Case Summary

The petitioner, T. Muhammed Ashraf's legal heirs, filed for eviction of the shop room on the grounds of bona fide requirement for conducting a wholesale medical shop. The respondent, Painingal Muhammedkutty, contested the need for eviction, claiming hardship.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition for eviction, stating that the petitioners have a bona fide need for the shop room to continue their business operations after the original landlord's death. The respondent was ordered to vacate the premises.

Judgment Favored

Plaintiff

Relief Granted

Eviction of respondent from the shop room

Case Type

Rent Control

Final Judgment

Why Plaintiff Won:
The petitioners proved that their need for the shop room continues after the death of the original landlord, backed by evidence of ongoing business.

Judgment Evidence:

In the result, the petition is allowed with cost, as follows: 1. The respondent is hereby directed to give vacant possession of the petition schedule shop room to the Petitioner No. 2 to 6 within 2 months from today.

Parties Involved

Plaintiffs

Fathima.P. (58 years years) Niramaruthoor amsom desom, Tirur Taluk Thushara (42 years years) Niramaruthoor amsom desom, Tirur Taluk Suhana (40 years years) Niramaruthoor amsom desom, Tirur Taluk Nisha (38 years years) Niramaruthoor amsom desom, Tirur Taluk Farhad (36 years years) Niramaruthoor amsom desom, Tirur Taluk

Defendants

Painingal Muhammedkutty (48 years years) Tirur amsom Chembra desom, Tirur Taluk

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Order of eviction of the respondent from the petition schedule shop room.

Evidence:

Therefore, I hold a view that the need survives by the continuation of business by the Petitioners No.2 to 6.

Relief Type: Costs

Outcome: Granted

Description:

Costs shall follow the event, hence the respondent shall pay the costs of the petition to the Petitioners No. 2 to 6.

Evidence:

The costs shall follow the event, hence the respondent shall pay the costs of the petition to the Petitioner No. 2 to 6.

Documents & Evidence

Document Type: Form 20B license

Submitted By: Plaintiff

Relevance:

To prove the continuation of the wholesale medical shop after the death of the original petitioner.

Reference:

Ext.A1

Document Type: Form 21B License

Submitted By: Plaintiff

Relevance:

To prove the continuation of the wholesale medical shop after the death of the original petitioner.

Reference:

Ext.A2

Document Type: Intimation letter

Submitted By: Plaintiff

Relevance:

To prove the continuation of the wholesale medical shop after the death of the original petitioner.

Reference:

Ext.A3

Document Type: Certified copy of Plaint

Submitted By: Defendant

Relevance: