Case Summary
Petitioner seeks eviction of respondents due to subletting, negligence, and damages to the rented building. Respondents conducted illegal activities, diminishing property value.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction within 2 months
Case Type
Rent Control - Eviction and Damages
Final Judgment
No
The court ordered the eviction of respondents and directed them to vacate the building within two months due to subletting, damages, and illegal activities.
Why Plaintiff Won:
Bonafide need of the petitioner, subletting by respondents, neglect of building maintenance, illegal activities, and damage to property.
Bonafide need of the petitioner, subletting by respondents, neglect of building maintenance, illegal activities, and damage to property.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Since the respondent opted to remain exparte, there is nothing to unravel the evidence adduced by the petitioner.
Judgment Evidence:
The petition is allowed u/s 11(3) and 11 (4)(ii) Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.M. Jameela
- Party Age
- 52
- Relation
- W/o Abdul Rasheed
- Party Role
- Defendant
- Party Name
- Cholakkara Cheppale Saidalavi @ Kunhu Haji
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Kadiyamu
- Party Age
- 60
- Relation
- W/o Cholakkara Cheppale Koyamu Haji
- Party Role
- Defendant
- Party Name
- Machingal Haleema
- Party Age
- 59
- Relation
- W/o Latheef, D/o Kunhumohammed Haji
Plaintiffs Documents
Lawyer Notice to Respondents, Certified copy of judgment in OS 162/2004
Defendants Documents
Commission report and plan submitted by Advocate Commissioner
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents within 2 months due to subletting, damages, and illegal activities.
Evidence:
The petition is allowed u/s 11(3) and 11 (4)(ii) Kerala Building (Lease and Rent Control) Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notices issued to the respondents and a copy of judgment in OS 162/2004.
Reference:
A1(a), A1(b), A1(c), A2(a), A2(b), A2(c), A3(a), A3(b), A3(c), A4
Document Type:
Commission Report
Submitted By:
Defendant
Relevance:
Commission report and plan submitted as court exhibits.
Reference:
C1, C2
Case Classification
Case Type
Rent Control - Eviction and Damages
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Bonafide need for own use
Case Code
Case between C.M. Jameela et al vs Cholakkara Cheppale Saidalavi et al regarding eviction and damages
Case Code Year
Case between C.M. Jameela et al vs Cholakkara Cheppale Saidalavi et al regarding eviction and damages