Case Summary
The petitioners, M. Pramila Nair and others, seek eviction of the respondent K. C. Sajeev from certain shop rooms for establishing a supermarket. The petitioners require the shop rooms for their own business needs as the respondent has defaulted on rent payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop rooms.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to surrender the shop rooms to the petitioners within one month.
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for the shop rooms for their business.
The petitioners demonstrated a bonafide need for the shop rooms for their business.
Losing Side's Weaknesses:
The petitioners demonstrated a bonafide need for the shop rooms for their business.
The petitioners demonstrated a bonafide need for the shop rooms for their business.
Supporting Evidence
The evidence of PW1 and the documents produced by her stands unchallenged. As such, I find that the petitioners are entitled for an order of eviction as prayed for.
Judgment Evidence:
In the result, the petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act. That the respondent is hereby directed to surrender the vacant possession of the petition schedule shop rooms within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M. Pramila Nair
- Party Age
- 80
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- M. D. Suresh
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- M. D. Ramesh
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. C. Sajeev
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Property tax receipt issued by Kunnamangalam Grama Panchayath No.1240310773/G111105, Property tax receipt issued by Kunnamangalam Grama Panchayath No.1240310776/G111105
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Muhammed Firdouse
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. M. Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Zameel. K. T
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order to surrender the vacant possession of the petition schedule shop rooms.
Evidence:
I find that the petitioners are entitled for an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Respondent shall pay the costs of the proceedings to the petitioners.
Evidence:
The respondent shall pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Produced as evidence to support the petitioners' claim.
Reference:
Ext.A1
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Produced as evidence to support the petitioners' claim.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M. Pramila Nair et al vs K. C. Sajeev regarding eviction of shop rooms
Case Code Year
Case between M. Pramila Nair et al vs K. C. Sajeev regarding eviction of shop rooms