Case Summary
Sherin Sulfikar Ali, the petitioner, seeks eviction of Shabin Sait for defaulting on rent payments and for her bona fide need of the property for business purposes. The respondent did not appear in court to contest the claims.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the property in 30 days for the petitioner’s bona fide need and to pay the costs of the proceedings.
Why Plaintiff Won:
The petitioner proved her bona fide need for the property and the respondent's default in rent payments.
The petitioner proved her bona fide need for the property and the respondent's default in rent payments.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of the petitioner proves that the petitioner bona fide requires the petition schedule building for the purpose of her bona fide need. There is nothing in evidence to doubt the bona fide need projected by the petitioner.
Judgment Evidence:
In the result, an order is passed on the following terms: The respondent is directed to hand over the vacant possession of petition schedule building within 30 days from today for the bona fide need of the petitioner under section 11(3) of the Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sherin Sulfikar Ali
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shabin Sait
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Certified copy of Rent Agreement
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- A.Abdul Khalam
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jayasree.K.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to hand over the vacant possession of petition schedule building.
Evidence:
The petitioner is entitled to get an order of eviction under section 11(3) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Respondent shall pay costs of the proceedings to the petitioner.
Evidence:
Respondent shall pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Certified copy of rent agreement shows that the respondent agreed to pay a monthly rent of Rs.50,000/- for the first year and Rs.60,000/- for any period continued without any default.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Copy of legal notice marked subject to proof.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Copy of reply notice marked subject to proof.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Plaintiff
Relevance:
Deposition of PW1 substantiates the petitioner’s claims.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Sherin Sulfikar Ali vs Shabin Sait regarding eviction of tenant for bona fide need.
Case Code Year
Case between Sherin Sulfikar Ali vs Shabin Sait regarding eviction of tenant for bona fide need.