Case Summary
The petitioners, Yoonas Abdul Rasakh and Yasikh Abdul Rasakh, are seeking an eviction order against Puzhankarayillath Muhammed Mansoor for non-payment of rent. The petitioners require the building for starting a Super Market, whereas the respondent claims there is no tenant-landlord relationship.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and costs of the petition to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition, directing the respondent to vacate the premises within two months and to pay the petitioners' costs.
Why Plaintiff Won:
The petitioners proved their bona fide need for the premises to start a Super Market and the respondent's non-payment of rent.
The petitioners proved their bona fide need for the premises to start a Super Market and the respondent's non-payment of rent.
Losing Side's Weaknesses:
The petitioners proved their bona fide need for the premises to start a Super Market and the respondent's non-payment of rent.
The petitioners proved their bona fide need for the premises to start a Super Market and the respondent's non-payment of rent.
Supporting Evidence
The petitioners have proved their case by adducing cogent and reliable evidence. I find that the petitioners are entitled to get an order of eviction under S. 11 (2) (b) and 11 (3) of the Rent Control Building (Lease and Rent Control) Act, 1965.
Judgment Evidence:
In the result the petition is allowed with cost, as follows 1 The respondent is hereby directed to give vacant possession of the petition schedule building to the petitioners within two months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Yoonas Abdul Rasakh
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Yasikh Abdul Rasakh
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Puzhankarayillath Muhammed Mansoor
- Relation
- S/o
Plaintiffs Documents
Copy of settlement deed, Copy of the plaint in O.S. No. 223/2018, Account Statement of HDFC Bank, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.Krishnapriya.A.K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners are granted eviction of the respondent from the premises.
Evidence:
I find that the petitioners are entitled to get an order of eviction under S.11(2)(b) and 11(3) of the Rent Control Building (Lease and Rent Control) Act, 1965.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the petition to the petitioners.
Evidence:
The costs shall follow the event, hence the respondent shall pay the costs of the petition to the petitioners.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
This document proves the claim of the petitioners regarding their need for the building.
Reference:
Ext.A1
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
This document references the ongoing suit filed by the respondent, providing context to the eviction petition.
Reference:
Ext.A2
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document indicates the financial transactions relevant to the case.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice demanded the respondent to vacate the premises, forming a basis for the eviction request.
Reference:
Ext.A4 (a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof that the lawyer's notice was sent to the respondent.
Reference:
Ext.A4 (b)
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 Yoonas Abdul Rasakh, Yasikh Abdul Rasakh vs Puzhankarayillath Muhammed Mansoor regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Yoonas Abdul Rasakh, Yasikh Abdul Rasakh vs Puzhankarayillath Muhammed Mansoor regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.