Case Summary
This case involves a petition filed by Amjath Ali Ambalappalli seeking eviction of Maliyekkal Sakkeer Hussain and Maliyekkal Jaffer from a property leased under the Kerala Buildings (Lease and Rent Control) Act. The petitioner claims legitimate need for the property to conduct his wife's business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule shoproom.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition filed by Amjath Ali for eviction of the respondents due to the bona fide need presented, directing the respondents to vacate the property within one month.
Why Plaintiff Won:
The petitioner demonstrated a genuine need for the premises for business purposes.
The petitioner demonstrated a genuine need for the premises for business purposes.
Losing Side's Weaknesses:
The petitioner demonstrated a genuine need for the premises for business purposes.
The petitioner demonstrated a genuine need for the premises for business purposes.
Supporting Evidence
The petitioner contends that the petition schedule property is essential for his wife's business after having vacated the previous location due to space constraints and high rentals.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act as follows:- 1)That the respondents are directed to surrender vacant possession of the petition schedule shoproom within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Amjath Ali Ambalappalli
- Party Age
- 41
- Relation
- S/o.Late Ambalappalli Mamukkoya
- Party Role
- Defendant
- Party Name
- Maliyekkal Sakkeer Hussain
- Party Age
- 55
- Relation
- S/o.S.V.Abdullakkoya
- Party Role
- Defendant
- Party Name
- Maliyekkal Jaffer
- Party Age
- 52
- Relation
- S/o.S.V.Abdullakkoya
Plaintiffs Documents
Copy of Lawyer notice sent by plaintiff’s Advocate, Certified copy of joint statement in RCP161/2017, Extract property Tax assessment Register.
Defendants Documents
Copy of Lawyer notice sent by Respondent’s Advocate.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Mayan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeraj.P.N
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.B.M.Shamsudheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the petition schedule property.
Evidence:
This petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by the plaintiff's advocate.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt for another postal communication.
Reference:
Ext.A1(b)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Postal receipts related to the lawyer notice.
Reference:
Ext.A1(c)
Document Type:
Joint statement
Submitted By:
Plaintiff
Relevance:
Certified copy of the joint statement in RCP 161/2017.
Reference:
Ext.A2
Document Type:
Property Tax assessment Register
Submitted By:
Plaintiff
Relevance:
Certified copy of extract from the property tax assessment register.
Reference:
Ext.A3
Document Type:
E-MO payment
Submitted By:
Plaintiff
Relevance:
Duplicate print of E-MO payment.
Reference:
Ext.A4
Document Type:
Delivery slip
Submitted By:
Plaintiff
Relevance:
Delivery slip related to business transactions.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice sent earlier.
Reference:
Ext.A6
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by the defendant's advocate.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Defendant
Relevance:
Copy of lawyer notice sent by the respondent's advocate.
Reference:
Ext.B1
Document Type:
Postal Acknowledgement Card
Submitted By:
Defendant
Relevance:
Postal acknowledgment card for the lawyer notice.
Reference:
Ext.B1(a)
Document Type:
Postal receipt
Submitted By:
Defendant
Relevance:
Postal receipt corresponding to the lawyer notice.
Reference:
Ext.B1(b)
Document Type:
E.M.O Acknowledgment
Submitted By:
Defendant
Relevance:
Acknowledgment related to money order transactions.
Reference:
Ext.B2
Document Type:
Postal Acknowledgement
Submitted By:
Defendant
Relevance:
Postal acknowledgement related to E.M.O.
Reference:
Ext.B2(a)
Document Type:
Bill
Submitted By:
Defendant
Relevance:
Bill from Aroshi Gallaria.
Reference:
Ext.B3
Document Type:
RTI Reply
Submitted By:
Defendant
Relevance:
Reply from Right to Information Act received from GST department.
Reference:
Ext.B4
Document Type:
Photographs
Submitted By:
Defendant
Relevance:
Photographs presented as evidence.
Reference:
Ext.B5
Document Type:
Sale deed
Submitted By:
Defendant
Relevance:
Certified copy of the sale deed.
Reference:
Ext.B6
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Amjath Ali Ambalappalli vs Maliyekkal Sakkeer Hussain et al regarding eviction of respondents
Case Code Year
Case between Amjath Ali Ambalappalli vs Maliyekkal Sakkeer Hussain et al regarding eviction of respondents