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RENT CONTROL PETITION NO. 35 OF 2016

Case between Abdul Latheef et al vs Indus Motors Company, Private Ltd regarding eviction for commercial purpose

Court
The Rent Controller of Tirur
Judge
Smt. Vincy.T.V.
Order Date
2018-02-27
Duration
1 year 7 months 1 day
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Case Summary

Two petitioners sought eviction of a room rented to the respondent to commence a profitable hotel business stating the room's suitability and lack of suitable rooms for the respondent's business.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965, directing the respondent to provide vacant possession to the petitioners and bear the petition costs.
Judgment Favored
Plaintiff
Relief Granted
Eviction and cost recovery
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The respondent failed to counter the petitioner's claims of bonafide need for the room for a profitable business. The court found the petitioners' need genuine and granted eviction.

Judgment Evidence:

The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows:- a) The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. b) The petitioner is entitled to realize the cost of the petition from the respondent.

Parties Involved

Plaintiffs

Abdul Latheef (65 years) Kayalmadhathil House, Keezhedathu Road, Naduvilangadi, Pookkayil Bazar, Tirur. Abdul Hameed (63 years) Same as Abdul Latheef

Defendants

Indus Motors Company, Private Ltd (Age not specified years) M.G. Road, Thevara, Ernakulam

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Petitioners granted vacant possession of the petition schedule property and right to recover petition costs.
Evidence:
The petition is allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows:- a) The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. b) The petitioner is entitled to realize the cost of the petition from the respondent.

Documents & Evidence

Quick Facts

Location
Tirur
Case Filed
Tue, 07/26/2016 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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