Case Summary
Petitioner seeks eviction of respondent residing in a building he intends to demolish for a commercial venture of Books, Sports items, and Cool and Snacks bar.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order, rent arrears payment, and costs of the proceeding
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under Section 11 (3) of the Kerala Building (Lease and Rent) Control Act, 1965.
Why Plaintiff Won:
Petitioner demonstrated genuine need for eviction for commercial purposes and lack of alternative space.
Petitioner demonstrated genuine need for eviction for commercial purposes and lack of alternative space.
Losing Side's Weaknesses:
Petitioner demonstrated genuine need for eviction for commercial purposes and lack of alternative space.
Petitioner demonstrated genuine need for eviction for commercial purposes and lack of alternative space.
Supporting Evidence
From the aforesaid evidences, I am of the view that the petitioner is entitled to get an order of eviction u/s 11 (3) of the Kerala Building (Lease and Rent) Control Act, 1965.
Judgment Evidence:
In the result, the petition stands allowed u/s 11 (3) of the Kerala Building (Lease and Rent) Control Act, 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhimarakkar.C.P.
- Party Age
- 47
- Relation
- S/o Abdulla
- Party Role
- Defendant
- Party Name
- Padikkaparambil Musthafa
- Party Age
- 40
- Relation
- S/o Kuttyhassan
Plaintiffs Documents
Copy of the registered lawyer notice dated 8-1-2016, Reply Notice dated 12-2-2016
Defendants Documents
Not available
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction order for the respondent to vacate the premises within 1 month, pay rent arrears, and bear the costs of the proceeding.
Evidence:
The petitioner is entitled to get an order of eviction u/s 11 (3) of the Kerala Building (Lease and Rent) Control Act, 1965.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demonstrated communication with the respondent regarding the intended eviction.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response to the counter-allegations made by the respondent.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Need for eviction for commercial purposes
Case Code
Case between Kunhimarakkar.C.P. vs Padikkaparambil Musthafa regarding eviction for commercial purposes
Case Code Year
Case between Kunhimarakkar.C.P. vs Padikkaparambil Musthafa regarding eviction for commercial purposes