Case Summary
The petitioners, legal heirs of Late Mr. K. P. Rabindranathan, seek eviction of the respondents, who have allegedly sublet the rented building without consent. The petitioners require the property for a supermarket business after the second petitioner's retirement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule building and costs of the proceedings awarded to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the rent control petition, directing the respondents to vacate the premises, stating the petitioners' need for the property is bona fide for setting up a supermarket.
Why Plaintiff Won:
The petitioners proved their bonafide need for the property by demonstrating intent and a plan to utilize it for establishing a business.
The petitioners proved their bonafide need for the property by demonstrating intent and a plan to utilize it for establishing a business.
Losing Side's Weaknesses:
The petitioners proved their bonafide need for the property by demonstrating intent and a plan to utilize it for establishing a business.
The petitioners proved their bonafide need for the property by demonstrating intent and a plan to utilize it for establishing a business.
Supporting Evidence
Therefore, the PW1 has been successful in proving their bonafide need. Hence, the point is answered in favour of the petitioners.
Judgment Evidence:
The rent control petition is allowed under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act 1965. The respondents are directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Parvathy Rabindranathan
- Party Age
- 79
- Relation
- W/o.Late K.P.Rabindranathan
- Party Role
- Plaintiff
- Party Name
- Lt. Gen. K. Surendranath PVSM
- Party Age
- 60
- Relation
- S/o.Late K.P.K.P.Rabindranathan
- Party Role
- Plaintiff
- Party Name
- Mr. Arun Kumar Rabindranath
- Party Age
- 56
- Relation
- S/o.Late K.P.K.P. Rabindranathan
- Party Role
- Plaintiff
- Party Name
- Mrs. Anuradha
- Party Age
- 53
- Relation
- D/o.Late.K.P K.P. Rabindranathan
- Party Role
- Defendant
- Party Name
- P.Mammu
- Relation
- S/o.Kuttiyali
- Party Role
- Defendant
- Party Name
- Hassan.K
- Party Role
- Defendant
- Party Name
- Nusaiba
- Party Age
- 75
- Relation
- W/o.Late Mamu
- Party Role
- Defendant
- Party Name
- Noushad
- Party Age
- 55
- Relation
- S/o Late Mammu
- Party Role
- Defendant
- Party Name
- Noufal
- Party Age
- 54
- Relation
- S/o Late Mammu
Plaintiffs Documents
True copy of lawyer notice, Unserved postal card with acknowledgment card, Reply notice, Certified copy of Legal Heirship certificate, Certified copy of pension payment order issued by Principal CDA, Certified copy of commission report
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- P.C.Satheesh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.G.Manohar Lal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Athira A.V
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioners sought eviction of the respondents from the petition schedule building.
Evidence:
The rent control petition is allowed under Section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document was used to prove the initiation of legal proceedings against the respondents.
Reference:
Ext.A1
Document Type:
Unserved postal card with acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document evidences the failure to serve notice to the first respondent.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This notice was submitted by the second respondent in response to the petition.
Reference:
Ext.A3
Document Type:
Certified copy of Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the legal heirs of the deceased original tenant.
Reference:
Ext.A4
Document Type:
Certified copy of pension payment order
Submitted By:
Plaintiff
Relevance:
Used to demonstrate the second petitioner's financial situation.
Reference:
Ext.A5
Document Type:
Certified copy of Commission Report
Submitted By:
Plaintiff
Relevance:
The report details the conditions of the premises relevant to the eviction.
Reference:
Ext.A6
Document Type:
Commission report submitted by Advocate commissioner
Submitted By:
Plaintiff
Relevance:
This report is part of the evidence supporting the need for eviction.
Reference:
Ext.A7
Document Type:
Commission report submitted by Advocate commissioner
Submitted By:
Plaintiff
Relevance:
This report further substantiates the petitioner's claims regarding the premises.
Reference:
Ext.A8
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Expiry of lease period
Case Code
Case between Mrs. Parvathy Rabindranathan et al vs P.Mammu et al regarding eviction of tenants
Case Code Year
Case between Mrs. Parvathy Rabindranathan et al vs P.Mammu et al regarding eviction of tenants