Rent Control Petition No. 1 of 2015

Case between Pannikkandathil Iyyathummu vs Kunnathuparambil Alavi Basheer regarding eviction for bonafide need

Court

Rent Controller of Tirur

Judge

Smt. Vincy.T.V.

Order Date

2016-12-21

Duration

1 year

Case Closed

Wed, 12/21/2016 - 12:00

Judgement document from eCourt website

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Case Summary

Petitioner filed for eviction under Kerala Buildings (Lease & Rent) Control Act, 1965, claiming bonafide need to start a 'Green grocery' business in the premises. Respondent failed to appear at trial, and the court granted eviction order.

Judgment Outcome

Plaintiff Won

Interim Order

The court granted the eviction order under Section 11(3) of the Kerala Buildings (Lease & Rent) Control Act, 1965, directing the respondent to vacate the premises within three months.

Judgment Favored

Plaintiff

Relief Granted

Eviction order

Case Type

Eviction under Kerala Buildings (Lease & Rent) Control Act, 1965

Final Judgment

The court granted the eviction order under Section 11(3) of the Kerala Buildings (Lease & Rent) Control Act, 1965, directing the respondent to vacate the premises within three months.

Why Plaintiff Won:
Reason not clearly mentioned

Losing Side's Weaknesses:
Reason not clearly mentioned

Supporting Evidence

There is nothing on record to non-suit the petitioner under the first and second proviso to Section 11(3). The burden is on the defendant to prove that he is entitled to get the benefits of both the limbs of the second proviso to Section 11(3). Since the respondents opted to remain exparte, the evidence adduced by the petitioners remains unchallenged.

Judgment Evidence:

In the result, petition is allowed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Pannikkandathil Iyyathummu
Party Age: 51
Relation: W/o. Thannikkatt Moideen Kutty

Party Role: Defendant
Party Name: Kunnathuparambil Alavi Basheer
Party Age: 48
Relation: S/o. Eni Haji

Plaintiffs Documents

Agreement dated 18-6-2013 (Ext.A1)

Defendants Documents

Not available

Advocates

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Eviction order under Section 11(3) to vacate the premises within three months.

Evidence:

Documents & Evidence

Document Type: Agreement

Submitted By: Plaintiff

Relevance:

Entered into on 18-6-2013, supporting the bonafide need for eviction.

Reference:

Ext.A1

Case Classification