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RENT CONTROL PETITION NO. 78 OF 2016

Case between Kunhimarakkar. C.P et al vs Kumar et al regarding eviction for reconstruction

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-03-15
Duration
1 year 11 months 1 day

Judgement document from eCourt website

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Case Summary

Petitioner seeks eviction of respondent to reconstruct the building for own occupation, due to alleged non-payment of rent and refusal to vacate after lease termination.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the petitioner's request for eviction to enable reconstruction of the building for the petitioner's intended commercial activities.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the property for reconstruction
Case Type
Rent Control Petition - Eviction
Final Judgment
No
Why Plaintiff Won:
The court found the petitioner's bonafide need for reconstruction and the respondent's failure to fulfill lease obligations.

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 respondent shall pay costs of the petition.

Parties Involved

Plaintiffs

Kunhimarakkar. C.P (47 years) Chekkinte Purakkal Veedu, Vakkad, Pachattiri amsom, Paravanna desom& Post, Tirur Taluk, Pin: 676 502

Defendants

Kumar (55 years) Pachattiri amsom, Paravanna desom & Post Near T.M.G College North, Tirur Taluk

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Vacant possession of the property for reconstruction
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.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Issued on 08-01-2016 requesting enhancement of rent and vacation of the room.
Reference:
A1(a)
Document Type: Reply Notice
Submitted By: Plaintiff
Relevance:
Responded to by the defendants on 12-02-2016 raising false contentions.
Reference:
A2

Quick Facts

Location
Tirur
Case Filed
Mon, 03/14/2016 - 12:00
Outcome Confidence
90%

Involved Entities

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