Case Summary
A petition filed by Rabiya seeking eviction of P. Karunakaran to use the property for starting a furniture business, based on bonafide need.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction under Section 11(3)
Case Type
Eviction under Kerala Buildings (Lease & Rent Control) Act, 1965
Final Judgment
No
The petition for eviction was allowed under Section 11(3) of the Kerala Buildings (Lease & Rent Control) Act, 1965, directing the respondent to vacate the property within three months.
Why Plaintiff Won:
Reason not clearly mentioned
Reason not clearly mentioned
Losing Side's Weaknesses:
Reason not clearly mentioned
Reason not clearly mentioned
Supporting Evidence
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
- Pannikandathil Moosa Haji's daughter Rabiya
- Party Age
- 45
- Relation
- W/o. Manakkadavan Kammad Kutty
- Party Role
- Defendant
- Party Name
- P. Karunakaran
- Party Age
- 62
- Relation
- S/o. Kunhikannan
Plaintiffs Documents
Ext. C1: Commissioner report, Ext. C2: Plan
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building within three months.
Evidence:
The petition is allowed under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965...
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
Petitioners entitled to realize the cost of the petition from the respondents.
Evidence:
The petition is allowed under section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965...
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Plaintiff
Relevance:
Report on the business activities in the petition schedule property.
Reference:
Ext. C1
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Plan related to the location and usage of the property.
Reference:
Ext. C2
Case Classification
Case Type
Eviction under Kerala Buildings (Lease & Rent Control) Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for own business
Case Code
Case between Rabiya vs P. Karunakaran regarding eviction application for starting a furniture business
Case Code Year
Case between Rabiya vs P. Karunakaran regarding eviction application for starting a furniture business