Case Summary
This case involves a rent control petition filed by Ayisha Ammad and her children against Edachery Kandiyil Prabhakaran for eviction from shop rooms. The petitioners claim a bona fide need for the shop rooms to start a Hardware business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop rooms within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioners and allowed the eviction of the respondent from the shop rooms.
Why Plaintiff Won:
The petitioners established a bona fide need for the shop rooms.
The petitioners established a bona fide need for the shop rooms.
Losing Side's Weaknesses:
The petitioners established a bona fide need for the shop rooms.
The petitioners established a bona fide need for the shop rooms.
Supporting Evidence
The bonafide need projected by the landlord is not challenged and found to be a strong need.
Judgment Evidence:
An order of eviction is passed u/s. 11(3) of the Act. The respondent is directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayisha Ammad
- Party Age
- 64
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Jaleel
- Party Age
- 46
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thameem
- Party Age
- 44
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sumayya
- Party Age
- 41
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Noushad
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Edachery Kandiyil Prabhakaran
- Party Age
- 59
- Relation
- S/o
Plaintiffs Documents
Rent Kychit executed by Prabhakaran and K.T.K Ammad Haji.
Defendants Documents
License fee and Professional Tax receipt issued by Nadapuram Grama Panchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Subramanyian. C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A. Santhosh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Krishna Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the shop rooms for a bonafide need to start a hardware business.
Evidence:
An order of eviction is passed u/s. 11(3) of the Act. The respondent is directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document relates to the rental agreement between K.T.K. Ammad Haji and the respondent, establishing the landlord-tenant relationship.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document relates to another rental agreement between K.T.K. Ammad Haji and the respondent, confirming the agreement for the rented premises.
Reference:
Ext.A2
Document Type:
License fee and Professional Tax receipt
Submitted By:
Defendant
Relevance:
This document serves as proof of the payment of taxes related to the respondent's business activities.
Reference:
Ext.B1
Document Type:
Bill of Supply
Submitted By:
Defendant
Relevance:
These documents are relevant as they demonstrate the ongoing business operations of the respondent.
Reference:
Ext.B2 to B6
Document Type:
Tax Invoice
Submitted By:
Defendant
Relevance:
These invoices provide evidence of the respondent's transactions and business activities in the rented premises.
Reference:
Ext.B8 to B13
Document Type:
Current Account Pass Book
Submitted By:
Defendant
Relevance:
This passbook indicates the financial transactions related to the respondent's business.
Reference:
Ext.B15
Document Type:
Demand Notice
Submitted By:
Defendant
Relevance:
These notices are relevant to show the respondent's dealings with K.S.E.B. and demonstrate financial obligations.
Reference:
Ext.B17 to B19
Document Type:
Complaint receipt
Submitted By:
Defendant
Relevance:
This receipt indicates a formal complaint related to the premises, which relates to the context of the case.
Reference:
Ext.B20
Document Type:
Photocopy of petition
Submitted By:
Defendant
Relevance:
This document shows the respondent's acknowledgment of the tenancy and disputes regarding the lease.
Reference:
Ext.B21
Document Type:
Photocopy of Complaint
Submitted By:
Defendant
Relevance:
This complaint substantiates the respondent's claims and defenses in relation to the eviction notice.
Reference:
Ext.B22
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between Ayisha Ammad et al vs Edachery Kandiyil Prabhakaran regarding eviction from shop rooms.
Case Code Year
Case between Ayisha Ammad et al vs Edachery Kandiyil Prabhakaran regarding eviction from shop rooms.