Case Summary
The petitioners, who are siblings, seek eviction of the counter petitioner from a shop room they own. The case involves issues of unpaid rent and the bona fide need of the petitioners for the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the counter petitioner from the shop room
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction based on the bona fide need of the petitioners and the cessation of the counter petitioner's occupation of the shop room.
Why Plaintiff Won:
The petitioners proved their bona fide need for the shop room as it is earmarked as a passage in the final decree from a previous case.
The petitioners proved their bona fide need for the shop room as it is earmarked as a passage in the final decree from a previous case.
Losing Side's Weaknesses:
The petitioners proved their bona fide need for the shop room as it is earmarked as a passage in the final decree from a previous case.
The petitioners proved their bona fide need for the shop room as it is earmarked as a passage in the final decree from a previous case.
Supporting Evidence
The bona fide need projected by the petitioner to lay pathway cannot be said to be one not covered under Sec 11(3) of Building Lease and Rent Control Act.
Judgment Evidence:
In the result, an order is passed directing the respondent to put the petitioners in possession of the scheduled shop room specified in the petition schedule within 30 days from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- T.Kamaluddin Musaliar
- Party Age
- 81
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.Asuma Beevi
- Party Age
- 80
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- T.K.Jalaluddin Musaliar
- Party Age
- 79
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.K.Usman Musaliar
- Party Age
- 73
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.Abdul Karim Musaliar
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Parthasarathi Pillai
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copy of the Final Decree passed in IA. 1373/2012 in OS. 959/2008 of the Principal Sub Court, Kollam; Office copy of Lawyer’s notice; Reply notice; Postal receipts; Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- I.Stevenson
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Moti.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neendakara R.Ramesh Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Ordered eviction of the respondent from the petition schedule shop room.
Evidence:
The petitioners are entitled to get an order of eviction U/s 11(3) and Sec. 11(4)(v) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the petitioners in possession of the scheduled shop room.
Evidence:
Respondent is directed to put the petitioners in possession of the scheduled shop room specified in the petition schedule within 30 days from the date of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to realize the costs of proceedings from the respondent.
Evidence:
There is no reason to deviate from the rule ‘costs shall follow the event’.
Relief Type:
Other
Outcome:
Refused
Description:
Petition under Section 11(2)(b) is dismissed.
Evidence:
Petition U/s 11(2)(b) of the Act is dismissed.
Documents & Evidence
Document Type:
Certified copy of the final decree
Submitted By:
Plaintiff
Relevance:
Supported the petitioners' claim of bonafide need for the shop room as earmarked as a private passage.
Reference:
Ext.A1
Document Type:
Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Indicated the tenant's willful default in payment of rent.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Related to the proceedings concerning the default of rent.
Reference:
Ext.A3
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer's notice.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Proof of receipt of the lawyer's notice.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Assessed the condition and usage of the petition schedule shop room.
Reference:
C1
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documented findings relevant to the case concerning the shop room.
Reference:
C1(a)
Document Type:
Plan
Submitted By:
Court
Relevance:
Provided a visual representation relevant to the case.
Reference:
C1(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Further assessed the usage and condition of the petition schedule shop room.
Reference:
C2
Document Type:
Mahazar
Submitted By:
Court
Relevance:
Documented the condition and location of relevant structures.
Reference:
C2(a)
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 T.Kamaluddin Musaliar et al vs Parthasarathi Pillai regarding eviction
Case Code Year
Case between T.Kamaluddin Musaliar et al vs Parthasarathi Pillai regarding eviction