Case Summary
The petitioners are seeking eviction of the respondent from a shop room they lease, claiming the first petitioner needs it to start a garment manufacturing business. The respondent was proceeded exparte due to a lack of defense.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
An order of eviction is granted.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioners' request for eviction based on the first petitioner's bona fide need for the shop room.
Why Plaintiff Won:
The petitioners proved their bona fide need for the shop room, and the respondent failed to provide a defense.
The petitioners proved their bona fide need for the shop room, and the respondent failed to provide a defense.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Since the respondent is 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 respondent is 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
- Puthiyakkal Hameed
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Puthiyakkal Ramla
- Party Age
- 56
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Puthiyakkal Suhara
- Party Age
- 55
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Puthiyakkal Fousiya
- Party Age
- 54
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Puthiyakkal Sakheena
- Party Age
- 51
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Nadapuram Co-operative Urban Bank Ltd.
- Relation
- Represented by
Plaintiffs Documents
Original partition deed marked as Ext.A1.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Divakaran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule shop room.
Evidence:
an order of eviction is passed u/s. 11(3) of the Act.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proved the bonafide need of the petitioners for the shop room.
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
Bonafide requirement for own use
Case Code
Case between Puthiyakkal Hameed et al vs Nadapuram Co-operative Urban Bank Ltd. regarding eviction
Case Code Year
Case between Puthiyakkal Hameed et al vs Nadapuram Co-operative Urban Bank Ltd. regarding eviction