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
The court granted eviction and directed the respondents to vacate the property within one month.
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.
Losing Side's Weaknesses:
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.
Supporting Evidence
Since the respondents remained exparte, the evidence adduced by the petitioners remained unchallenged. The bonafide need of the petitioner was found to be genuine.
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
Parties
- Party Role
- Plaintiff
- Party Name
- Biriyumma
- Relation
- W/o Mannengal deceased Moideen Haji D/o Edathodi Kakkasseri Muhammed Haji
- Party Role
- Defendant
- Party Name
- Habeeb Rahman
- Party Role
- Defendant
- Party Name
- Rasiya
- Party Age
- 52
- Relation
- W/o Muhammedkkutty
- Party Role
- Defendant
- Party Name
- Vaheeda
- Party Age
- 50
- Relation
- W/o Ishakh
- Party Role
- Defendant
- Party Name
- Sajida
- Party Age
- 47
- Relation
- W/o Abdul Majeed
- Party Role
- Defendant
- Party Name
- Machincheri Thithikkutty Umma
- Party Age
- 80
- Relation
- W/o Peringottu Thodiyil Aboobacker Vydiar
Plaintiffs Documents
Copy of registered Lawyer Notice dated 22-4-2016, Reply Notice dated 10-5-2016
Defendants Documents
Not available
Advocates
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
Case Classification
Case Type
Eviction under Kerala Building (Lease and Rent Control) Act 1965
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for business premises
Case Code
Case between Biriyumma et al vs Habeeb Rahman et al regarding eviction
Case Code Year
Case between Biriyumma et al vs Habeeb Rahman et al regarding eviction