Case Summary
Petitioners seek vacant possession of a room they purchased and leased out to the first respondent for repair work, now intending to start a hardware shop.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the leased property
Case Type
Rent Control Petition
Final Judgment
No
Petition allowed under the Kerala Building (Lease and Rent Control) Act, directing respondents to vacate the property and pay costs to petitioners.
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for the property to start a hardware shop and provided evidence of non-satisfaction through an ex-parte proceeding.
The petitioners demonstrated a bonafide need for the property to start a hardware shop and provided evidence of non-satisfaction through an ex-parte proceeding.
Losing Side's Weaknesses:
The petitioners demonstrated a bonafide need for the property to start a hardware shop and provided evidence of non-satisfaction through an ex-parte proceeding.
The petitioners demonstrated a bonafide need for the property to start a hardware shop and provided evidence of non-satisfaction through an ex-parte proceeding.
Supporting Evidence
The evidence adduced by the petitioners remained unchallenged as the respondents opted to remain ex-parte.
Judgment Evidence:
The petition is allowed under section 11(3) and 11(4)(i) of the Kerala Building (Lease and Rent Control) Act 1965
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammad Kutty
- Party Age
- 58
- Relation
- S/o Kallungal Muhammad Haji
- Party Role
- Defendant
- Party Name
- Khamarudheen
- Party Age
- 49
- Relation
- S/o Muhammed
- Party Role
- Defendant
- Party Name
- Riyas
- Party Age
- 34
- Relation
- S/o Muhammedkutty
Plaintiffs Documents
Document No. 264/2010 of SRO, Tirur, Lawyer notice dated 11.12.2013 etc.
Defendants Documents
Unknown
Advocates
Reliefs
Relief Type:
Vacant Possession
Outcome:
Granted
Description:
To put the petitioners in vacant possession of the petition schedule building.
Evidence:
Ext.A1, Ext.A2 series, Ext.C1, Ext.C2, Evidence from PW1
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The petitioners are entitled to realise the cost of the petition from the respondents.
Evidence:
Ext.A1, Ext.A2 series, Evidence from PW1
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership transfer document for the property.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice to vacate the property sent to the first respondent.
Reference:
Ext.A2 series
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Report on the status of the property and possession.
Reference:
Ext.C1, 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
Bonafide need of property for business purpose
Case Code
Case between Muhammad Kutty et al vs Khamarudheen et al regarding possession of the leased property
Case Code Year
Case between Muhammad Kutty et al vs Khamarudheen et al regarding possession of the leased property