RENT CONTROL PETITION NO. 41 OF 2016

Case between Mecheri Aboobacker et al vs Thirunilath Gangadharan regarding eviction and bonafide need

Court

Court of the Rent Controller of Tirur

Judge

Smt. VINCY.T.V.

Order Date

2018-02-21

Duration

1 year 7 months

Case Closed

Wed, 02/21/2018 - 12:00

Judgement document from eCourt website

Save Case Find Similar Cases

Case Summary

Petitioners filed a case seeking eviction of the respondent from a room under the Kerala Buildings (Lease and Rent Control) Act due to bonafide need to start a supermarket.

Judgment Outcome

Plaintiff Won

Interim Order

The court allowed the petition for eviction under section 11(3) and 11(4)(v), directing the respondent to vacate the scheduled building within one month.

Judgment Favored

Plaintiff

Relief Granted

Eviction and vacant possession of the building

Case Type

Civil Suit - Eviction and Bonafide Need

Final Judgment

The court allowed the petition for eviction under section 11(3) and 11(4)(v), directing the respondent to vacate the scheduled building within one month.

Why Plaintiff Won:
The petitioner proved bonafide need for the room to start a supermarket, and the respondent failed to rebut the evidence.

Losing Side's Weaknesses:
The petitioner proved bonafide need for the room to start a supermarket, and the respondent failed to rebut the evidence.

Supporting Evidence

Since no rebuttal evidence is there, the evidence adduced by the petitioner remained unchallenged.

Judgment Evidence:

The petition is allowed under section 11(3) and 11(4)(v) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to put the petitioners in vacant possession of the petition schedule building within one month from today. The petitioner is entitled to realise the costs of the petition from the respondents.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Mecheri Aboobacker
Party Age: 59
Relation: S/o Moideenkutty

Party Role: Plaintiff
Party Name: Safiya
Party Age: 52
Relation: Wife of Mecheri Aboobacker

Party Role: Plaintiff
Party Name: Ansas
Party Age: 31
Relation: Child of Mecheri Aboobacker

Party Role: Defendant
Party Name: Thirunilath Gangadharan
Party Age: 65
Relation: S/o Kakku Master

Plaintiffs Documents

Nil

Defendants Documents

Nil

Advocates

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

Eviction and vacant possession of the building

Evidence:

Documents & Evidence

Document Type: Commission Report

Submitted By: Court

Relevance:

Supported the petitioner's case

Reference:

C1 - 22-3-2016 - Commission report submitted by Smt.Anjana.N.P. Advocate Commissioner

Document Type: Commission Plan