Case Summary
The petitioners filed a petition seeking eviction of the respondent from a building due to arrears in rent and for their bonafide need to conduct a hardware and paints business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction from the petition schedule building within two months
Case Type
Rent Control Petition
Final Judgment
No
Both RCP. 39/2015 and RCP.42/2015 were allowed, directing the respondents to vacate the buildings within two months.
Why Plaintiff Won:
The petitioners established the bonafide need for the building for a hardware and paints business and the respondent did not challenge the evidence presented.
The petitioners established the bonafide need for the building for a hardware and paints business and the respondent did not challenge the evidence presented.
Losing Side's Weaknesses:
The petitioners established the bonafide need for the building for a hardware and paints business and the respondent did not challenge the evidence presented.
The petitioners established the bonafide need for the building for a hardware and paints business and the respondent did not challenge the evidence presented.
Supporting Evidence
Considering the materials on record, the petitioner is in bonafide need of the building for occupying 8th petitioner.
Judgment Evidence:
As already stated, the RCP.39/2015 and RCP.42/2015 are allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohamed Rafi
- Party Age
- 44
- Relation
- S/o. Kadavath Chereparambath Mohamed @ Bava
- Party Role
- Defendant
- Party Name
- Baiju
- Party Age
- 42
- Relation
- S/o. Ulluvalappil Narayanan
- Party Role
- Plaintiff
- Party Name
- Rosina
- Party Age
- 30
- Relation
- D/o. Kadavath Chereparambath Mohamed @ Bava
- Party Role
- Defendant
- Party Name
- Sahida @ Safira
- Party Age
- 37
- Relation
- D/o. Valappil Bava
Plaintiffs Documents
Ext. C1 and C2 were marked as court exhibits.
Defendants Documents
Not mentioned
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction from the petition schedule building within two months
Evidence:
As already stated, the RCP.39/2015 and RCP.42/2015 are allowed under section 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
Commissioner Report
Submitted By:
Plaintiff
Relevance:
Reported damages to the building
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Related to building structure
Reference:
Ext.C2
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
Case Code
Case between Mohamed Rafi et al vs Baiju regarding rent control petition
Case Code Year
Case between Mohamed Rafi et al vs Baiju regarding rent control petition