Case Summary
The petitioners, comprising multiple individuals, are seeking eviction of the respondents from a shop room that previously belonged to them. The petitioners claim a bona fide need to use the shop for starting a Ready Made Garment business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction is passed
Case Type
Rent Control Petition
Final Judgment
No
The Rent Control Petition is allowed, and the respondents are ordered to vacate the shop room within one month.
Why Plaintiff Won:
The need projected by the petitioners was not challenged as the respondents were absent.
The need projected by the petitioners was not challenged as the respondents were absent.
Losing Side's Weaknesses:
The need projected by the petitioners was not challenged as the respondents were absent.
The need projected by the petitioners was not challenged as the respondents were absent.
Supporting Evidence
Since the respondents are proceeded exparte and has not challenged the need projected by the petitioners the case of the petitioners succeed and are entitled to claim benefit u/s.11(3) of the Act.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(3) of the Act. The respondents are directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- PATHOOTY. E. V
- Party Age
- 70
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- JAMEELA. E. V
- Party Age
- 68
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- SUBAIDA. E. V
- Party Age
- 67
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- MARIYAM. E. V
- Party Age
- 64
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- HAMEED
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KUNHALIKKUTTY HAJI
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- PATTATHIL KASIM MUHAMMAD
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- G. P. KUNHALIKKUTTY HAJI
- Party Age
- 69
- Relation
- S/o
Plaintiffs Documents
Photocopy of Rent Kaychit executed by Kunhalikkutty Haji and two others in favour of Kombi Mammu Haji and four others
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Balagopalan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Mini. K. Koyeri
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Arun Kumar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Aiswarya. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
An order of eviction is passed under Section 11(3) of the Act.
Evidence:
The respondents are directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
The landlord-tenant relationship is established by this document.
Reference:
Ext.A1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Case Code
Case between PATHOOTY. E. V et al vs KUNHALIKKUTTY HAJI et al regarding Rent Control Petition
Case Code Year
Case between PATHOOTY. E. V et al vs KUNHALIKKUTTY HAJI et al regarding Rent Control Petition