Case Summary
Four petitioners residing in Kundil House seek declaration that Abdul Hakkim is not a protected tenant and they need possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Rental property possession to petitioners
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the Rent Control Petition as the parties compromised and respondent agreed to vacate the property.
Why Plaintiff Won:
Compromise between parties, agreement on non-protected tenant status, bonafide need of petition schedule property, and vacant possession agreement.
Compromise between parties, agreement on non-protected tenant status, bonafide need of petition schedule property, and vacant possession agreement.
Losing Side's Weaknesses:
Compromise between parties, agreement on non-protected tenant status, bonafide need of petition schedule property, and vacant possession agreement.
Compromise between parties, agreement on non-protected tenant status, bonafide need of petition schedule property, and vacant possession agreement.
Supporting Evidence
Not available
Judgment Evidence:
Petitioner and respondent filed IA.2568/2017 compromising the petition. The respondent has agreed that he is not protected tenant and petitioner is in bonofide need of petition schedule property. The respondent has further agreed to give vacant position of the petition schedule room on or before 4-12-2017.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathima
- Party Age
- 51
- Relation
- Wife of Moideen
- Party Role
- Plaintiff
- Party Name
- Muhammed Afeekh
- Party Age
- 33
- Relation
- Son of Moideen
- Party Role
- Plaintiff
- Party Name
- Ahique
- Party Age
- 21
- Relation
- Son of Moideen
- Party Role
- Plaintiff
- Party Name
- Hamna
- Party Age
- 16
- Relation
- Daughter of Moideen
- Party Role
- Defendant
- Party Name
- Abdul Hakkim.P
- Party Age
- 47
- Relation
- Son of Kunhimuhamed
Plaintiffs Documents
IA.2568/2017 - Compromise petition
Defendants Documents
IA.2568/2017 - Compromise petition
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.A. Ismail
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. E.C. Suresh
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. T. Alihasan
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Petition schedule property possession to petitioners
Evidence:
Petitioner and respondent filed IA.2568/2017 compromising the petition. The respondent has agreed that he is not protected tenant and petitioner is in bonofide need of petition schedule property. The respondent has further agreed to give vacant position of the petition schedule room on or before 4-12-2017.
Documents & Evidence
Document Type:
Compromise petition
Submitted By:
Plaintiff
Relevance:
Agreement between parties leading to the grant of possession.
Reference:
IA.2568/2017
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Declaration not protected tenant
Case Code
Case between Fathima et al vs Abdul Hakkim regarding tenancy rights
Case Code Year
Case between Fathima et al vs Abdul Hakkim regarding tenancy rights
Case Flags
Out-of-Court Settlement