Case Summary
Moideenkutty Haji filed a petition against Chandran seeking eviction from a shoproom due to non-payment of rent and claimed bonafide need for his son’s business. The respondent claims lawful possession and disputes the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent from petition schedule shoproom
Case Type
Rent Control
Final Judgment
No
The court allowed the petition and directed Chandran to surrender the shoproom within two months, as the need asserted by Moideenkutty Haji was found to be bonafide.
Why Plaintiff Won:
The petitioner proved that the need for the shoproom was genuine.
The petitioner proved that the need for the shoproom was genuine.
Losing Side's Weaknesses:
The petitioner proved that the need for the shoproom was genuine.
The petitioner proved that the need for the shoproom was genuine.
Supporting Evidence
The evidence of PW1 and PW2 would show that the need urged out by the petitioner is a bonafide one.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act. The respondent is directed to surrender the vacant possession of petition schedule shoproom within a period of two months from today failing which the petitioner can get the order executed through the process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideenkutty Haji
- Party Age
- 77
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chandran
- Party Age
- 72
- Relation
- S/o
Plaintiffs Documents
Jenm Sale deed No.259/2022 of Feroke SRO, Lawyer notice copy, Acknowledgment card from respondent, Discharge slip of petitioner from MVR Cancer centre, Passports of petitioner’s son.
Defendants Documents
Advertisement notice of Rashida Traders, Rent documents sent by way of money order.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Aneesh.M.C
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Subeer.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.Valsala Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the shoproom due to non-payment of rent.
Evidence:
The petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the petition to be paid by the respondent to the petitioner.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Issued by the petitioner to seek vacant possession of the shoproom.
Reference:
Ext.A1
Document Type:
Jenm sale deed
Submitted By:
Plaintiff
Relevance:
Establishes petitioner's ownership of the shoproom.
Reference:
Ext.A8
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Validates existence and taxation of the property.
Reference:
Ext.A4
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Identifies the petitioner’s son and supports his claim for business.
Reference:
Ext.A6
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Further identifies the petitioner’s son.
Reference:
Ext.A7
Document Type:
Pronote book
Submitted By:
Defendant
Relevance:
Contains entries related to rent payments by the respondent.
Reference:
Ext.B2
Document Type:
Rent payment evidence
Submitted By:
Defendant
Relevance:
Documents showing attempts by respondent to pay rent via money order.
Reference:
Exts.B3 and B4
Case Classification
Case Type
Rent Control
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 Moideenkutty Haji vs Chandran regarding eviction of shoproom
Case Code Year
Case between Moideenkutty Haji vs Chandran regarding eviction of shoproom