Case Summary
V. P Mohiyadheen Aslam filed a petition against Puthumana Balakrishnan for eviction from a property. The petitioner needs the property for his civil engineering office, claiming the current tenant does not depend on it for livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the petition schedule room within one month from today.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction is allowed, directing the respondent to vacate the premises within one month.
Why Plaintiff Won:
The evidence tendered by PW1 would establish that her husband bonafide requires the petition schedule room.
The evidence tendered by PW1 would establish that her husband bonafide requires the petition schedule room.
Losing Side's Weaknesses:
The evidence tendered by PW1 would establish that her husband bonafide requires the petition schedule room.
The evidence tendered by PW1 would establish that her husband bonafide requires the petition schedule room.
Supporting Evidence
The evidence tendered by PW1 would establish that her husband bonafide requires the petition schedule room for using the same as an office for his civil engineering works.
Judgment Evidence:
In the result, the petition is allowed as follows: 1That the petition is allowed Under Sec. 11(3) of the Act and the respondent is directed to put the petitioner in vacant possession of the petition schedule room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- V. P Mohiyadheen Aslam
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Puthumana Balakrishnan
Plaintiffs Documents
Copy of lawyer notice issued by Adv.P.T.Rajesh to Puthumana Balakrishnan, Commission report filed by Adv.Sreeranj.T.P.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.T.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Arjun Raja PC
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner prayed for an order of eviction under section 11(3) of the Act.
Evidence:
I find that the petitioner is entitled to an order of eviction under section 11(3) of the Act.
Relief Type:
Cost
Outcome:
Granted
Description:
The respondent shall pay the costs of the suit.
Evidence:
The respondent shall pay the costs of the suit.
Documents & Evidence
Document Type:
Civil Engineer Income Proof
Submitted By:
Plaintiff
Relevance:
Documents produced by the petitioner's wife to support the claim that the petitioner requires the room for his civil engineering work.
Reference:
Exts.A1 to A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Filed by the Advocate Commissioner to provide evidence pertinent to the case.
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Provides further details regarding the commission report.
Reference:
C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Bonafide requirement of the landlord
Case Code
Case between V. P Mohiyadheen Aslam vs Puthumana Balakrishnan regarding eviction of tenant
Case Code Year
Case between V. P Mohiyadheen Aslam vs Puthumana Balakrishnan regarding eviction of tenant