Case Summary
The petitioner, representing legal heirs, seeks eviction of respondents from a property to start a ladies garments shop, claiming bonafide need as the main reason.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965
Case Type
Eviction under Kerala Building (Lease and Rent control) Act 1965
Final Judgment
No
Why Plaintiff Won:
The court found the bonafide need of the petitioner for starting a ladies garments shop genuine and unchallenged by the respondents.
The court found the bonafide need of the petitioner for starting a ladies garments shop genuine and unchallenged by the respondents.
Judgment Evidence:
The petition is allowed under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to put the petitioner in vacant possession of the petition schedule property within one month from today. The respondent shall pay costs of the petition.
Parties Involved
Plaintiffs
Biriyumma (Age not specified years)
Peradiyur desom, Pattambi Taluk
Defendants
Habeeb Rahman (Age not specified years)
Irumbiliyam amsom desom & Post, Tirur Taluk
Rasiya (52 years)
Theruparambil Palliyalil House, Valiyakunnu amsom desom & Post, Kodumudi, Tirur Taluk.676 552
Vaheeda (50 years)
Kaithakath House, Nagar amsom desom and Post, Tirurangadi Taluk
Sajida (47 years)
Vadappalli House, Vettom amsom desom & Post, Tirur Taluk
Machincheri Thithikkutty Umma (80 years)
Irumbiliyam amsom desom & Post, Tirur Taluk
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction under Section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965
Evidence:
The court granted eviction and directed the respondents to vacate the property within one month.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Used in demanding vacant possession of the building.
Reference:
A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Received after issuance of the lawyer notice.
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Presented by Advocate Commissioner Smt. Jyothi.M.K
Reference:
C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Submitted by Advocate Commissioner Smt. Jyothi.M.K
Reference:
C2