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

Case Closed

Judgement document from eCourt website

Save Case Find Similar Cases

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.

Losing Side's Weaknesses:
The petitioners proved that their need for the shop room continues after the death of the original landlord, backed by evidence of ongoing business.

Supporting Evidence

The evidence of PW2, coupled with Exbt. A1 to A3 documents proved that the petitioners are continuing the business under the name and style of 'Moon Pharma' after the demise of the original petitioner.

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

Parties

Party Role: Plaintiff
Party Name: Fathima.P.
Party Age: 58
Relation: W/o

Party Role: Plaintiff
Party Name: Thushara
Party Age: 42
Relation: D/o

Party Role: Plaintiff
Party Name: Suhana
Party Age: 40
Relation: D/o

Party Role: Plaintiff
Party Name: Nisha
Party Age: 38
Relation: D/o

Party Role: Plaintiff
Party Name: Farhad
Party Age: 36
Relation: S/o

Party Role: Defendant
Party Name: Painingal Muhammedkutty
Party Age: 48
Relation: S/o

Plaintiffs Documents

Form 20B license dated 16.10.2015, Form 21B License dated 16.10.2015, Intimation letter dated 16-10-2015

Defendants Documents

Certified copies of legal proceedings related to previous cases involving the property

Advocates

Party Role: Plaintiff
Advocate Name: Sri.P.Praveen
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sri.M.K.Moosakutty
Appearance Type: Main Counsel

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: