Case Summary
The petitioners, children of Mannil Kunhalan Haji, filed a suit seeking eviction of the respondent from a shop room due to non-payment of rent and need for starting a business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction under Section 11(3)
Case Type
Eviction under Kerala Buildings (Lease & Rent) Control Act
Final Judgment
No
The court granted eviction and directed the respondent to vacate the shop room within 2 months.
Why Plaintiff Won:
The need for starting a business and non-payment of rent were the main reasons cited for the eviction.
The need for starting a business and non-payment of rent were the main reasons cited for the eviction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioners showed the need for starting a business and non-payment of rent which led to granting the eviction.
Judgment Evidence:
This petition is allowed directing the respondent to give vacant possession of the petition schedule room within 2 months from the date of this order under S.11(3) of Kerala Building lease and rent control Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mannil Kunhalan Haji's children
- Relation
- Children of Mannil Kunhalan Haji
- Party Role
- Plaintiff
- Party Name
- Kunhipathumma
- Party Age
- 71
- Relation
- Wife of Mannil Kunhalan Haji
- Party Role
- Defendant
- Party Name
- Mechery Aboobacker Sidheekh
Plaintiffs Documents
Copy of Lawyer Notice, Postal Receipt, Acknowledgment card, Reply Notice
Defendants Documents
Certified copy of Assessment register, Commission report, Commission Sketch
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent from the shop room within 2 months
Evidence:
This petition is allowed directing the respondent to give vacant possession of the petition schedule room within 2 months from the date of this order under S.11(3) of Kerala Building lease and rent control Act.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued to demand enhanced rent and vacant possession
Reference:
A1
Document Type:
Certified copy of Assessment register
Submitted By:
Defendant
Relevance:
To prove vacant rooms in possession of the petitioner
Reference:
B1
Case Classification
Case Type
Eviction under Kerala Buildings (Lease & Rent) Control Act
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Mannil Kunhalan Haji's children et al vs Mechery Aboobacker Sidheekh regarding eviction
Case Code Year
Case between Mannil Kunhalan Haji's children et al vs Mechery Aboobacker Sidheekh regarding eviction