Case Summary
V.A.Safiya has filed a petition against Kunnath Kunhimon for eviction due to non-payment of rent since January 2018. The petitioner claims to require the building for her daughter's residence.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction from the building and costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the eviction petition, directing the respondent to vacate the building within three months. The petitioner is also entitled to recover costs from the respondent.
Why Plaintiff Won:
The petitioner established a bona fide need for the building for her daughter's residence and the evidence was unchallenged.
The petitioner established a bona fide need for the building for her daughter's residence and the evidence was unchallenged.
Losing Side's Weaknesses:
The petitioner established a bona fide need for the building for her daughter's residence and the evidence was unchallenged.
The petitioner established a bona fide need for the building for her daughter's residence and the evidence was unchallenged.
Supporting Evidence
I am satisfied that the petitioner has successfully proved that she bona fide requires the building for the residence of her daughter. The need projected by the landlord is a genuine and bona fide one.
Judgment Evidence:
In the result, the petition is allowed under Ss. 11 (2), 11 (3) and 11(4) (ii) of the Kerala Building (Lease and Rent Control) Act as follows: I. The respondent is directed to give vacant possession of the petition schedule building bearing No. XXIII/113A to the petitioner within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V.A.Safiya
- Party Age
- 52
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Abdul Muneer
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kunnath Kunhimon
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice dated 29-09-2018, Postal receipt, Postal acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.K.Moosakutty
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is granted an order for eviction of the respondent from the petition schedule building.
Evidence:
I find that the petitioner is entitled to get an order of eviction under 11 (2), 11 (3) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act, 1965.
Relief Type:
Cost
Outcome:
Granted
Description:
The petitioner is entitled to realise the cost of the proceedings from the respondent.
Evidence:
So the petitioner is entitled to realise the cost of the proceedings from respondents.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document was issued to demand the surrender of vacant possession of the building with arrears of rent.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice to the respondent.
Reference:
Ext.A1(b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card indicates the respondent received the lawyer notice.
Reference:
Ext.A1(c)
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
Non-payment of rent
Case Code
Case between V.A.Safiya vs Kunnath Kunhimon regarding eviction of tenant for non-payment of rent
Case Code Year
Case between V.A.Safiya vs Kunnath Kunhimon regarding eviction of tenant for non-payment of rent