Case Summary
Petitioners seek vacant possession of a room they purchased and leased out to the first respondent for repair work, now intending to start a hardware shop.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the leased property
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for the property to start a hardware shop and provided evidence of non-satisfaction through an ex-parte proceeding.
The petitioners demonstrated a bonafide need for the property to start a hardware shop and provided evidence of non-satisfaction through an ex-parte proceeding.
Judgment Evidence:
The petition is allowed under section 11(3) and 11(4)(i) of the Kerala Building (Lease and Rent Control) Act 1965
Parties Involved
Plaintiffs
Muhammad Kutty (58 years)
Niramaruthoor Amsom, Desom, Tirur Taluk
Kallungal Sulaiman (45 years)
Niramaruthoor Amsom, Desom, Tirur Taluk
Ashraf (Age not specified years)
Manayil House, Vailathoor Amsom Desom, Madirassery, Chavakkad
Fathima (49 years)
Maniyath Puthupparambil House, Madirassery Amsom Thrikkanapuram desom, Ponnani Taluk
Defendants
Khamarudheen (49 years)
Pallippat Thoomban House, Cheriyamundam Amsom, Thalakkadathoor Desom, Tirur Taluk
Riyas (34 years)
Thayyil House, Niramaruthoor Amsom, Desom, Tirur Taluk
Reliefs
Relief Type:
Vacant Possession
Outcome:
Granted
Description:
To put the petitioners in vacant possession of the petition schedule building.
Evidence:
Ext.A1, Ext.A2 series, Ext.C1, Ext.C2, Evidence from PW1
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The petitioners are entitled to realise the cost of the petition from the respondents.
Evidence:
Ext.A1, Ext.A2 series, Evidence from PW1
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership transfer document for the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice to vacate the property sent to the first respondent.
Reference:
Ext.A2 series
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report on the status of the property and possession.
Reference:
Ext.C1, Ext.C2