Case Summary
Kuttiyil Pathummakutty seeks eviction of Maliyekkal Raveendran from a shop room. The petitioner claims she needs it for her sons to start a business after losing their jobs abroad.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the shop room to the petitioner and payment of costs.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioner's request for eviction, stating the need for the shop room is bona fide. The respondent was ordered to vacate the premises within two months.
Why Plaintiff Won:
The petitioner's need for the shop room was established as genuine and bona fide.
The petitioner's need for the shop room was established as genuine and bona fide.
Losing Side's Weaknesses:
The petitioner's need for the shop room was established as genuine and bona fide.
The petitioner's need for the shop room was established as genuine and bona fide.
Supporting Evidence
The burden is on the tenant to prove that he is entitled to get the benefits of both the limbs of second proviso to section 11(3). Since the respondent opted to remain exparte, the evidence adduced by the petitioners remained unchallenged. There for I find no reason to disbelieve the bonafide needs put forward by the petitioner.
Judgment Evidence:
In the result petition is allowed as follows; I. Directing the respondent herein to give vacant possession of the petition schedule shop rooms to the petitioner within 2 months from the date of this order under 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kuttiyil Pathummakutty
- Party Age
- 83
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Maliyekkal Raveendran
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice dated 26-5-2017, Postal Receipt, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Suresh.A.Alingal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Vacant possession of the shop rooms is granted to the petitioner.
Evidence:
Hence the petitioner is entitled to get vacant possession of the shop rooms from the tenants under section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent is directed to pay the costs of the petition to the petitioner.
Evidence:
The respondent is directed to pay the costs of the petition to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document served to notify the respondent to vacate the shop room.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided as evidence of sending the lawyer notice.
Reference:
Ext.A1(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Served as proof that the lawyer notice was received.
Reference:
Ext.A1(c)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Submitted to inform the court about the conditions of the premises.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provided a detailed plan of the premises relevant to the case.
Reference:
Ext.C2
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
Bonafide need for premises
Case Code
Case between Kuttiyil Pathummakutty vs Maliyekkal Raveendran regarding eviction of tenant
Case Code Year
Case between Kuttiyil Pathummakutty vs Maliyekkal Raveendran regarding eviction of tenant