Case Summary
M.K.Bushara, the petitioner, seeks eviction of Mappilakandy Aboobaker Sidhique, the respondent, for non-payment of rent and a bona fide need for the shop room for her son to start a supermarket. The respondent contests the claim, asserting no arrears and dependency on the shop for livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in possession of the petition schedule shop room within a period of two months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition and directed the respondent to hand over possession of the shop room to the petitioner within two months.
Why Plaintiff Won:
The petitioner established a bona fide need for the premises and sufficient grounds for eviction under the applicable laws.
The petitioner established a bona fide need for the premises and sufficient grounds for eviction under the applicable laws.
Losing Side's Weaknesses:
The petitioner established a bona fide need for the premises and sufficient grounds for eviction under the applicable laws.
The petitioner established a bona fide need for the premises and sufficient grounds for eviction under the applicable laws.
Supporting Evidence
Hearing both sides, the court found enough materials to show that the respondent had kept rent in arrears as mentioned in Ext. A1 notice. The petitioner’s bonafide need was acknowledged by the court.
Judgment Evidence:
In the result, RCP is allowed under Section 11(3) and 11(2)(b) of KBLR Act as follows: The respondent is hereby directed to put the petitioner in possession of the petition schedule shop room within a period of two months from today, failing which the petitioner can execute the present order with the assistance of the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M.K.Bushara
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mappilakandy Aboobaker Sidhique
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv.Sreenesh.K.P to Mappilakandy Aboobacker Sidhique, Postal Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P.Sreenesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.V.Abdu Raoof
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to an order of eviction under Section 11(2)(b) and 11(3) of KBLR Act.
Evidence:
Hence I find that the petitioner is entitled for an order of eviction under section 11(3) of KBLR Act as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the petition.
Evidence:
That the respondent shall pay the costs of the petition.
Documents & Evidence
Document Type:
Statutory Notice
Submitted By:
Plaintiff
Relevance:
Ext.A1 is the statutory notice demanding payment of arrears of rent from the respondent.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Ext.A2 is the postal acknowledgment card confirming receipt of the statutory notice.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between M.K.Bushara vs Mappilakandy Aboobaker Sidhique regarding eviction of tenant
Case Code Year
Case between M.K.Bushara vs Mappilakandy Aboobaker Sidhique regarding eviction of tenant