Case Summary
Petition filed by multiple petitioners seeking eviction of the tenants due to rent arrears and bonafide need for starting a supermarket and other commercial activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order under Section 11(2), 11(3) and 11 (4)(ii)
Case Type
Rent Control Eviction under Kerala Building (Lease & Rent) Control Act, 1965
Final Judgment
No
Why Plaintiff Won:
The respondents failed to provide evidence to counter the claims made by the petitioners regarding rent arrears and bonafide need for eviction.
The respondents failed to provide evidence to counter the claims made by the petitioners regarding rent arrears and bonafide need for eviction.
Judgment Evidence:
The petition is allowed u/s 11(2), 11(3) and 11 (4)(ii) directing the respondent to give vacant possession of the shop rooms to the petitioners within two months from the date of this order.
Parties Involved
Plaintiffs
Thottukanni Marakkar's wife (Age not specified years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Mariyamu (62 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Suhara (43 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Shamsudheen (36 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Faisal (35 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Fousiya (32 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Seenath (30 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Mashood (29 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Musthafa (45 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Defendants
Babu Parammal (Age not specified years)
Calicut Industries, Payyanangadi, Tirur Taluk
Musthafa (45 years)
Thrikkandiyur amsom Muthoor desom, Tirur Taluk
Reliefs
Relief Type:
Eviction Order
Outcome:
Granted
Description:
Directed the respondent to give vacant possession of the shop rooms to the petitioners within two months from the date of this order.
Evidence:
The petition is allowed u/s 11(2), 11(3) and 11 (4)(ii) directing the respondent to give vacant possession of the shop rooms to the petitioners within two months from the date of this order.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidence of communication regarding eviction.
Reference:
A1
Document Type:
Copy of Reply Notice
Submitted By:
Plaintiff
Relevance:
Evidence of response to eviction notice.
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports submitted by the Advocate Commissioner regarding alterations to the property.
Reference:
C1, C2, C3, C4