Case Summary
Petition by Ummu Habeeba to evict respondents from shop room she owns in Tirur Municipality. Respondents contest eviction citing dependence on shop for livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from shop room
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Respondents failed to prove main income source from the shop room or availability of suitable rooms for shifting their business.
Respondents failed to prove main income source from the shop room or availability of suitable rooms for shifting their business.
Judgment Evidence:
Parties Involved
Plaintiffs
Ummu Habeeba (Age not specified years)
Tharammal, Tirur Amsom, Kott Desom, Tirur Taluk
Defendants
Chandrakath Kunhimma (Deceased years)
Tirur Amsom, and Post, Kot Desom, Tirur Taluk
Kunnath Parambil Shamsu (50 years)
Kunnath Parambil House, Kurikkal Padi
K.P. Thajudheen (48 years)
K.P. Jaleel (35 years)
K.P. Kunhikkoya (43 years)
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Granted eviction order for respondents to vacate the shop room
Evidence:
The petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to realize costs from the respondents
Evidence:
Costs of the petition to be realized from respondents No. 2 to 7
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Document showing lease agreement for the shop room
Reference:
Ext.A1
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to respondent demanding surrender of premises
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from respondent to the lawyer notice
Reference:
Ext.A3
Document Type:
Mark List
Submitted By:
Plaintiff
Relevance:
Obtained mark list for Sri. Mirsha Galeeb.T in Food Craft from Technical Education dept.
Reference:
Ext.A4
Document Type:
Judgment Copy
Submitted By:
Plaintiff
Relevance:
Copy of judgment in RCP 18/14, Rent Control Court, Tirur
Reference:
Ext.A5
Document Type:
Licence
Submitted By:
Plaintiff
Relevance:
License related document
Reference:
Ext.A6
Document Type:
Statement Copy
Submitted By:
Plaintiff
Relevance:
Certified copy of statement in EP 109/16 in RCP 18/14, Rent Control Court, Tirur
Reference:
Ext.A7