Case Summary
The petitioner, Ramjith, seeks eviction of the respondent, Dineshan, from a shop room for his dental clinic. Ramjith claims a bonafide need to shift his clinic to the shop room due to excessive rent he is currently facing.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room and costs awarded to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioner, allowing the eviction of the respondent from the shop room. The petitioner’s need for the shop room was deemed bonafide.
Why Plaintiff Won:
The petitioner established a bonafide need to shift his dental clinic to the petition schedule room.
The petitioner established a bonafide need to shift his dental clinic to the petition schedule room.
Losing Side's Weaknesses:
The petitioner established a bonafide need to shift his dental clinic to the petition schedule room.
The petitioner established a bonafide need to shift his dental clinic to the petition schedule room.
Supporting Evidence
The petitioner has successfully established his bonafide need under section 11(3) and the respondent has failed to establish the riders under the first and second proviso to Sec.11(3) of the Act.
Judgment Evidence:
In the result, RCP is allowed with costs. 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 petitioner within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ramjith
- Party Age
- 39
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dineshan
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Registered deed No.648/2015 of SRO, Nadapuram.
Defendants Documents
Ext.B1: Certified copy of Janmam Agreement Deed No. 648/2015 of SRO Nadapuram.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Subramanyian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. M. Previn
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. A. Sanjeev
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- 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:
RCP is allowed with costs as follows: An order of eviction is passed u/s. 11(3) of the Act.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Defendant
Relevance:
The document is the Rent Deed in respect of the petition schedule shop room, which was produced by the respondent.
Reference:
Ext.B1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Bonafide need of the landlord
Case Code
Case between Ramjith vs Dineshan regarding eviction under the Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Ramjith vs Dineshan regarding eviction under the Kerala Building (Lease and Rent Control) Act.