Case Summary
Petitioner seeks eviction of respondents from a shop room for his intended paint and hardware business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction
Case Type
Eviction under Kerala Buildings (Lease and Rent) Control Act, 1965
Final Judgment
No
Petitioner granted eviction under section 11(3) for his genuine need to start a paint and hardware business.
Why Plaintiff Won:
Petitioner proved genuine need for the shop room for starting his business, while respondents failed to show bonafide reasons to refuse eviction.
Petitioner proved genuine need for the shop room for starting his business, while respondents failed to show bonafide reasons to refuse eviction.
Losing Side's Weaknesses:
Petitioner proved genuine need for the shop room for starting his business, while respondents failed to show bonafide reasons to refuse eviction.
Petitioner proved genuine need for the shop room for starting his business, while respondents failed to show bonafide reasons to refuse eviction.
Supporting Evidence
He wanted to do a business in paints and hardware in the Petition schedule building. Even though the petitioner demanded the respondent No. 2 to 4 to get vacant possession of the building, the respondent did not turn up. Petitioner bonafide needs the petition schedule room for himself and for his dependent wife...
Judgment Evidence:
Therefore, I hold a view that petitioner is entitled for an order of eviction u/s 11(3) of the Kerala Buildings (Lease and Rent Control) Act and he is not entitled to get an order of eviction u/s 11(2) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act. Points are found accordingly.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vattiyam Veettil Ismail
- Party Age
- 44
- Relation
- S/o Chanchakath Kunhikammu
- Party Role
- Defendant
- Party Name
- State of Kerala
- Party Role
- Defendant
- Party Name
- Salam
- Party Role
- Defendant
- Party Name
- Depot Manager, Kerala State Civil Supplies Corporation
- Party Role
- Defendant
- Party Name
- Kerala State Civil Supplies Corporation Ltd.
Plaintiffs Documents
Copy of Registered Lawyer Notice, Postal Receipt, Acknowledgement Card, Letter from Depot Manager, Certified copies of Orders in RCP cases and Commissioner's reports
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the shop room for the petitioner's genuine business need.
Evidence:
Therefore, I hold a view that petitioner is entitled for an order of eviction u/s 11(3) of the Kerala Buildings (Lease and Rent Control) Act and he is not entitled to get an order of eviction u/s 11(2) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act. Points are found accordingly.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demand for eviction and vacant possession of the building on 20-06-2014.
Reference:
A1(a)
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Reply notice from Depot Manager stating rent conditions.
Reference:
A2
Document Type:
Commissioner's Report
Submitted By:
Plaintiff
Relevance:
Report regarding the petition schedule property condition.
Reference:
A4
Case Classification
Case Type
Eviction under Kerala Buildings (Lease and Rent) Control Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Eviction for own occupation
Case Code
Case between Vattiyam Veettil Ismail vs State of Kerala et al regarding eviction
Case Code Year
Case between Vattiyam Veettil Ismail vs State of Kerala et al regarding eviction