Case Summary
Ahammedkutty filed petitions seeking eviction under the Kerala Building (Lease & Rent Control) Act in order to establish a supermarket in shop rooms rented to the respondents.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order with costs
Case Type
Eviction under Rent Control Act
Final Judgment
No
Petitioner entitled to eviction order due to rent arrears and bonafide need for supermarket business.
Why Plaintiff Won:
Petitioner's bonafide need for supermarket business, rent arrears, no challenge to evidence by respondents.
Petitioner's bonafide need for supermarket business, rent arrears, no challenge to evidence by respondents.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
This is denied by the respondent in his objection. Since they remained ex-parte no evidence is adduced so as to prove their case. Hence it can be seen that the respondent has not paid any rent after 01.01.2015. Hence it can be safely concluded that the rent from the respondent in RCP 17/2015, RCP 19/15 and 21/2015 are in arrears from 1.01.2015.
Judgment Evidence:
Petitioner claims an order of eviction under section 11(4)(iii) of The Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ahammedkutty
- Party Age
- 61
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Regional Manager, Supplyco
- Party Role
- Defendant
- Party Name
- Depot Manager, Supplyco Taluk Depot
- Party Role
- Defendant
- Party Name
- Managing Director, Kerala State Civil Supplies Corporation
Plaintiffs Documents
Copies of Registered notices, Postal receipts, Postil acknowledgment cards
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction order with costs
Evidence:
Petitioner claims an order of eviction under section 11(4)(iii) of The Kerala Building (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Registered notices, Postal receipts, Postil acknowledgment cards
Submitted By:
Plaintiff
Relevance:
Evidence of notices issued and responses from the respondents.
Reference:
Copies of A1 to A12
Document Type:
Report and Sketch
Submitted By:
Court
Relevance:
Commissioner's report and sketch of the inspection.
Reference:
C1 and C2
Case Classification
Case Type
Eviction under Rent Control Act
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ahammedkutty vs Regional Manager et al regarding eviction for supermarket business
Case Code Year
Case between Ahammedkutty vs Regional Manager et al regarding eviction for supermarket business