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RENT CONTROL PETITION NO. 76 OF 2016

Case between Hallalath vs Ramesh regarding eviction petition

Court
RENT CONTROL COURT, TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-12-12
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Petition filed by Hallalath to evict Ramesh from shop rooms due to non-payment of rent and bonafide need for own business.

Judgment Outcome

Plaintiff Won
Interim Order
Petitioner granted eviction order due to non-payment of rent and bonafide need for own business.
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of shop rooms within three months.
Case Type
Rent Control Petition
Final Judgment
No
Petitioner granted eviction order due to non-payment of rent and bonafide need for own business.
Why Plaintiff Won:
Petitioner proved bonafide need and non-payment of rent.
Losing Side's Weaknesses:
Petitioner proved bonafide need and non-payment of rent.
Supporting Evidence
The petitioner has proved his case by adducing cogent and reliable evidence.

Judgment Evidence:

The respondent is directed to give vacant possession of the petition schedule building to the petitioner within three months from today.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Hallalath
Party Age
40
Relation
S/o. Thonikkadavath Kunhimuhammed
Party Role
Plaintiff
Party Name
Saidalavi
Party Age
42
Relation
Power of attorney holder
Party Role
Defendant
Party Name
Ramesh
Party Age
51
Relation
S/o. Kolanchery Sankaran Nair
Plaintiffs Documents
Noterised copy of Jenm Assignment Deed No.2325/2105, Tax Receipt, Copy of Possession Certificate, Copy of Residence Certificate, Lawyer Notice, Postal Receipt, Power of Attorney, Copy of Order in RCP.74/2016
Defendants Documents

Advocates

Party Role
Plaintiff
Advocate Name
Sri. E.M.Sajan
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Nisha C
Appearance Type
Main Counsel
Party Role
Plaintiff
Advocate Name
Smt. Roopa
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri. M.A.Ismail
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Ordered respondent to vacate the building within three months
Evidence:
The petitioner is entitled for an order of eviction under Sections 11(2)(b) and 11(3) of the Act

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Proof of ownership of the shop rooms
Reference:
Ext.A1
Document Type: Tax receipt
Submitted By: Plaintiff
Relevance:
Proof of payment of taxes
Reference:
Ext.A2
Document Type: Possession Certificate
Submitted By: Plaintiff
Relevance:
Evidence of possession of the rooms
Reference:
Document Type: Residence Certificate
Submitted By: Plaintiff
Relevance:
Supporting documentation
Reference:
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice demanding vacant possession
Reference:
Document Type: Postal receipt
Submitted By: Plaintiff
Relevance:
Reference:
Document Type: Power of Attorney
Submitted By: Plaintiff
Relevance:
Authorization document
Reference:
Document Type: Order in RCP.74/2016
Submitted By: Plaintiff
Relevance:
Relevant legal order
Reference:
Document Type: Commission Report
Submitted By: Court
Relevance:
Reference:
Ext.C1
Document Type: Plan
Submitted By: Court
Relevance:
Reference:
Ext.C2

Case Classification

Case Type
Rent Control Petition
Category
Other Civil Cases
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Hallalath vs Ramesh regarding eviction petition
Case Code Year
Case between Hallalath vs Ramesh regarding eviction petition

Quick Facts

Location
TIRUR
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Sun, 12/01/2019 - 12:00
To
Tue, 12/31/2019 - 12:00
Outcome Confidence
80%

Involved Entities

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