Case Summary
Aneesh Bin Ali Ummer, the petitioner, seeks to evict respondents Nowshar and Safeer from a shop room to start a business for his brother. The respondents have not filed a written objection and the case proceeded as ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to vacate the petition scheduled shop room and pay costs of the proceedings.
Case Type
Rent Control
Final Judgment
No
The court has directed the respondents to vacate the shop room and hand over vacant possession to the petitioner within 45 days.
Why Plaintiff Won:
The petitioner proved bona fide need for the property as he required it for his brother's livelihood.
The petitioner proved bona fide need for the property as he required it for his brother's livelihood.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
I satisfied about the bona fides of the need projected by the Petitioner. By producing Exts. A1 to A4 and by deposing in tune with the petition averments in the affidavit, the petitioner has succeeded in proving his case.
Judgment Evidence:
In the result, the respondents are directed to vacate the petition scheduled shop room and handover vacant possession of the same to the petitioner under Section 11(3) of Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Aneesh Bin Ali Ummer
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nowshar
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safeer
- Party Age
- 35
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 30/01/2024, Advocate Notice dated 04/10/2024, Postal receipt dated 06/10/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. S. Arun Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to vacate the petition schedule shop room.
Evidence:
In the result, the respondents are directed to vacate the petition scheduled shop room and handover vacant possession of the same to the petitioner under Section 11(3) of Kerala Building (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document confirms the rental agreement between the petitioner and the respondents for the shop room.
Reference:
Ext.A1
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
This document serves as the legal notice sent to the respondents demanding vacation of the shop room.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document proves that the advocate notice was mailed to the respondents.
Reference:
Ext.A3
Document Type:
Acknowledgment Cards
Submitted By:
Plaintiff
Relevance:
These cards acknowledge the receipt of the advocate notice by the respondents.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Owner requires property for own use
Case Code
Case between Aneesh Bin Ali Ummer vs Nowshar et al regarding eviction of tenant
Case Code Year
Case between Aneesh Bin Ali Ummer vs Nowshar et al regarding eviction of tenant