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RENT CONTROL PETITION NO. 19 OF 2014

Case between Ummu Habeeba vs Chandrakath Kunhimma et al regarding eviction of tenant

Court
RENT CONTROL COURT
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-10-23
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Ummu Habeeba, the petitioner, seeks eviction of the respondents from a shop room she owns, claiming a bona fide need for her son to start a catering business. The respondents contend that the eviction is unwarranted as they depend on the income from the shop for their livelihood.

Judgment Outcome

Plaintiff Won
Interim Order
The court found that Ummu Habeeba had a genuine and bona fide need for the shop room for her son to start a catering business. Consequently, the petition for eviction was allowed, directing the respondents to vacate the premises.
Judgment Favored
Plaintiff
Relief Granted
The respondents No. 2 to 7 are directed to give vacant possession of the petition schedule shop room bearing No. X/433 of Tirur Municipality to the petitioner within three months.
Case Type
Rent Control Petition
Final Judgment
No
The court found that Ummu Habeeba had a genuine and bona fide need for the shop room for her son to start a catering business. Consequently, the petition for eviction was allowed, directing the respondents to vacate the premises.
Why Plaintiff Won:
The petitioner proved that her need for the shop room was genuine and the respondents could not adequately demonstrate their dependency on the shop for livelihood.
Losing Side's Weaknesses:
Not available
Supporting Evidence
I am satisfied that the need projected by the landlord is a genuine and bona fide one and that the respondents are not entitled to avail protection from eviction on the ground of bona fide need either under both the provisos to S.11(3) of the Act.

Judgment Evidence:

In the result, the petition is allowed under S. 11(3) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondents No. 2 to 7 are directed to give vacant possession of the petition schedule shop room bearing No. X/433 of Tirur Municipality to the petitioner within three months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ummu Habeeba
Relation
D/o
Party Role
Defendant
Party Name
Chandrakath Kunhimma
Relation
W/o
Party Role
Defendant
Party Name
Kunnath Parambil Shamsu
Party Age
50
Relation
S/o
Party Role
Defendant
Party Name
K.P. Thajudheen
Party Age
48
Relation
S/o
Party Role
Defendant
Party Name
K.P. Jaleel
Party Age
35
Relation
S/o
Party Role
Defendant
Party Name
K.P. Kunhikkoya
Party Age
43
Relation
S/o
Plaintiffs Documents
Rent Agreement No. A1 dated 27-04-1999, Lawyer Notice dated 17-01-2014.
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. C. Nandakumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. M.K. Moosakutty
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The petitioner is entitled to eviction of the respondents from the shop room for bona fide needs.
Evidence:
I am satisfied that the petitioner has successfully proved that she bona fide require the shop room for the proposed business of her son.
Relief Type: Cost
Outcome: Granted
Description:
The petitioner is entitled to realize the cost of the proceedings from the respondents.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.

Documents & Evidence

Document Type: Rent Agreement
Submitted By: Plaintiff
Relevance:
The document establishes the rental terms between the petitioner and the original respondent.
Reference:
Ext.A1
Document Type: Copy of Registered Lawyer Notice
Submitted By: Plaintiff
Relevance:
This notice was issued to the respondent to demand the surrender of the rental premises.
Reference:
Ext.A2
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
The document details the respondent's counterarguments in response to the petitioner's notice.
Reference:
Ext.A3
Document Type: Mark List
Submitted By: Plaintiff
Relevance:
This document validates the petitioner's son's qualifications to start a catering business.
Reference:
Ext.A4
Document Type: Copy of judgment
Submitted By: Plaintiff
Relevance:
This judgment pertains to a prior rent control case involving the same shop room.
Reference:
Ext.A5
Document Type: Licence
Submitted By: Plaintiff
Relevance:
The document shows the licensing details connected to the business previously conducted in the shop.
Reference:
Ext.A6
Document Type: Certified copy of Statement
Submitted By: Plaintiff
Relevance:
This statement provides insights into a related enforcement proceeding.
Reference:
Ext.A7
Document Type: Account Statement
Submitted By: Plaintiff
Relevance:
This document indicates financial transactions related to the petitioner's business.
Reference:
Ext.A8
Document Type: Commission Report
Submitted By: Court
Relevance:
This report was submitted as part of the court's examination of the property in question.
Reference:
Ext.C1
Document Type: Commission Plan
Submitted By: Court
Relevance:
This plan illustrates the layout of the property relevant to the case.
Reference:
Ext.C2

Case Classification

Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bona fide requirement for own use
Case Code
Case between Ummu Habeeba vs Chandrakath Kunhimma et al regarding eviction of tenant
Case Code Year
Case between Ummu Habeeba vs Chandrakath Kunhimma et al regarding eviction of tenant

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Tue, 10/01/2019 - 12:00
To
Thu, 10/31/2019 - 12:00
Outcome Confidence
95%

Involved Entities

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