Case Summary
Case involves Mohamed Noushad and others seeking eviction of building for business purposes due to subletting by respondents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Petitioners proved genuine need and failure of respondents to comply with terms.
Petitioners proved genuine need and failure of respondents to comply with terms.
Judgment Evidence:
null
Parties Involved
Plaintiffs
Mohamed Noushad (50 years)
Menothil Pooparambil House, Tirur amsom Kott desom, Tirur Taluk. PIN - 676 101
P. Saleena (40 years)
Menothil Pooparambil House
Mohammed Dilbar (19 years)
Menothil Pooparambil House, Tirur amsom Kott desom, Tirur Taluk. PIN-676 101
Defendants
Abdul Majeed (50 years)
Kodapeediyakkal, Rayirimangalam amsom Tanur desom, & Post, PIN - 676 302. Tirur Taluk
Mohammed Askar (50 years)
Kadavath House, Thrikkandiyoor amsom Annara desom, P.O. Tirur, PIN - 676 101. Tirur Taluk
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondents are directed to give vacant possession of the building to the petitioners within three months.
Evidence:
The petition is allowed under Sections 11(3), 11(4)(1), and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners are entitled to realize the costs of the petition from the respondents.
Evidence:
The petitioner is entitled to realize the costs of the proceedings from the respondents.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The petitioner has issued a lawyer notice to the respondent demanding the surrender of vacant possession of the building.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The petitioner issued a lawyer notice demanding surrender of possession, and the postal receipt is marked.
Reference:
Ext.A1(b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
The postal acknowledgment card related to the lawyer notice is marked.
Reference:
Ext.A1(c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Advocate Commissioner submitted a Commission report on 21-5-2019.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Advocate Commissioner submitted a Commission plan on 21-5-2019.
Reference:
Ext.C2