Case Summary
Petition filed by multiple petitioners seeking eviction of the tenants due to rent arrears and bonafide need for starting a supermarket and other commercial activities.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order under Section 11(2), 11(3) and 11 (4)(ii)
Case Type
Rent Control Eviction under Kerala Building (Lease & Rent) Control Act, 1965
Final Judgment
No
The petitioners were granted the order of eviction against the respondents due to rent arrears, bonafide need, and unauthorized alterations to the property.
Why Plaintiff Won:
The respondents failed to provide evidence to counter the claims made by the petitioners regarding rent arrears and bonafide need for eviction.
The respondents failed to provide evidence to counter the claims made by the petitioners regarding rent arrears and bonafide need for eviction.
Losing Side's Weaknesses:
The respondents failed to provide evidence to counter the claims made by the petitioners regarding rent arrears and bonafide need for eviction.
The respondents failed to provide evidence to counter the claims made by the petitioners regarding rent arrears and bonafide need for eviction.
Supporting Evidence
The respondents remained exparte, failing to challenge the evidence and claims presented by the petitioners.
Judgment Evidence:
The petition is allowed u/s 11(2), 11(3) and 11 (4)(ii) directing the respondent to give vacant possession of the shop rooms to the petitioners within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thottukanni Marakkar's wife
- Party Role
- Plaintiff
- Party Name
- Mariyamu
- Party Age
- 62
- Relation
- Wife of Thottukanni Marakkar
- Party Role
- Plaintiff
- Party Name
- Suhara
- Party Age
- 43
- Relation
- Daughter of Thottukanni Marakkar
- Party Role
- Plaintiff
- Party Name
- Shamsudheen
- Party Age
- 36
- Relation
- Son of Thottukanni Marakkar
- Party Role
- Plaintiff
- Party Name
- Faisal
- Party Age
- 35
- Relation
- Son of Thottukanni Marakkar
- Party Role
- Plaintiff
- Party Name
- Fousiya
- Party Age
- 32
- Relation
- Daughter of Thottukanni Marakkar
- Party Role
- Plaintiff
- Party Name
- Seenath
- Party Age
- 30
- Party Role
- Plaintiff
- Party Name
- Mashood
- Party Age
- 29
- Party Role
- Plaintiff
- Party Name
- Musthafa
- Party Age
- 45
- Relation
- Son of Thottukanni Marakkar
- Party Role
- Defendant
- Party Name
- Babu Parammal
- Party Role
- Defendant
- Party Name
- Musthafa
- Party Age
- 45
- Relation
- Son of Thottukanni Marakkar
Plaintiffs Documents
Copy of Lawyer Notice dated 4/6/2015, Copy of Reply Notice dated 10-6-2015, PW1 Affidavit
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction Order
Outcome:
Granted
Description:
Directed the respondent to give vacant possession of the shop rooms to the petitioners within two months from the date of this order.
Evidence:
The petition is allowed u/s 11(2), 11(3) and 11 (4)(ii) directing the respondent to give vacant possession of the shop rooms to the petitioners within two months from the date of this order.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Evidence of communication regarding eviction.
Reference:
A1
Document Type:
Copy of Reply Notice
Submitted By:
Plaintiff
Relevance:
Evidence of response to eviction notice.
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reports submitted by the Advocate Commissioner regarding alterations to the property.
Reference:
C1, C2, C3, C4
Case Classification
Case Type
Rent Control Eviction under Kerala Building (Lease & Rent) Control Act, 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Thottukanni Marakkar's wife et al vs Babu Parammal and Musthafa regarding eviction
Case Code Year
Case between Thottukanni Marakkar's wife et al vs Babu Parammal and Musthafa regarding eviction