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RENT CONTROL PETITION NO. 28 OF 2016

Case between Ayisha Beevi et al vs Ramanalukkal Yahu regarding eviction

Court
Rent Controller of Tirur
Judge
Smt. NIMMI.K.K., B.Sc, L.L.B.
Order Date
2018-07-28
Duration
Approximately 2 years 11 months
Case Closed
Sat, 07/28/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Petition filed by multiple petitioners seeking eviction of respondent from rented property due to rental arrears and bonafide need to start a business.

Judgment Outcome

Partial Relief
Interim Order
The court granted the petition seeking vacant possession of shop rooms from the respondent due to rental arrears and bonafide need for petitioners to start a business.
Judgment Favored
Plaintiffs
Relief Granted
Directed respondent to provide vacant possession of shop rooms to petitioners within three months
Case Type
Eviction Case
Final Judgment
No
The court granted the petition seeking vacant possession of shop rooms from the respondent due to rental arrears and bonafide need for petitioners to start a business.
Key Reasoning:
The petitioner demonstrated bonafide need for the shop rooms for starting a business and the respondent failed to dispute the evidence provided.
Losing Side's Weaknesses:
The petitioner demonstrated bonafide need for the shop rooms for starting a business and the respondent failed to dispute the evidence provided.
Supporting Evidence
Since the respondents opted to remain exparte, the evidence adduced by the petitioners remained unchallenged. Therefore I find no reason to disbelieve the bonofide needs put forward by the petitioner.

Judgment Evidence:

The evidence provided by the petitioners remained unchallenged as the respondent remained exparte.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Ayisha Beevi
Party Age
64
Relation
W/o Ozhur Parambil Ummer Haji
Party Role
Plaintiff
Party Name
Abdul Hameed
Party Age
49
Relation
Child of Ozhur Parambil Ummer Haji
Party Role
Plaintiff
Party Name
Ibnu Massood
Party Age
46
Relation
Child of Ozhur Parambil Ummer Haji
Party Role
Plaintiff
Party Name
Abdul Saleem
Party Age
43
Relation
Child of Ozhur Parambil Ummer Haji
Party Role
Plaintiff
Party Name
Muhammed Shemeer
Party Age
30
Party Role
Plaintiff
Party Name
Maimoona
Party Age
47
Relation
W/o Kadengal Ali Akbar
Party Role
Plaintiff
Party Name
Nadeera
Party Age
34
Relation
W/o Thottiyil Kunhimuhammed
Party Role
Defendant
Party Name
Ramanalukkal Yahu
Party Age
58
Relation
S/o Muhammed
Plaintiffs Documents
Ext.C1 - 29-2-2016 - Commission report, Ext.C2 - 29-2-2016 - Commission plan
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Directed respondent to provide vacant possession of shop rooms to petitioners within three months
Evidence:
Since the respondents opted to remain exparte, the evidence adduced by the petitioners remained unchallenged.

Documents & Evidence

Document Type: Commission Report
Submitted By: Plaintiff
Relevance:
Submitted as evidence
Reference:
Ext.C1 - 29-2-2016
Document Type: Commission Plan
Submitted By: Plaintiff
Relevance:
Submitted as evidence
Reference:
Ext.C2 - 29-2-2016

Case Classification

Case Type
Eviction Case
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Ayisha Beevi et al vs Ramanalukkal Yahu regarding eviction
Case Code Year
Case between Ayisha Beevi et al vs Ramanalukkal Yahu regarding eviction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Thu, 07/28/2016 - 12:00
Case Closed
Sat, 07/28/2018 - 12:00
From
Sun, 07/01/2018 - 12:00
To
Tue, 07/31/2018 - 12:00
Outcome Confidence
95%

Involved Entities

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