Case Summary
Case involves Muhammedkutty seeking eviction of Aboobacker from a shop room due to rent arrears and personal requirement. Aboobacker contests eviction, claiming rent payments and unsuitability of other locations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule building within three months
Case Type
Rent Control Petition
Final Judgment
No
Petitioner Muhammedkutty is granted an order of eviction against respondent Aboobacker with costs.
Why Plaintiff Won:
Petitioner proved the need for eviction and rent arrears with reliable evidence.
Petitioner proved the need for eviction and rent arrears with reliable evidence.
Losing Side's Weaknesses:
Petitioner proved the need for eviction and rent arrears with reliable evidence.
Petitioner proved the need for eviction and rent arrears with reliable evidence.
Supporting Evidence
Judgment Evidence:
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Muhammedkutty
- Party Age
- 55
- Relation
- S/o. Avulankutty
- Party Role
- Defendant
- Party Name
- Aboobacker
- Party Age
- 46
- Relation
- S/o Abdu
Plaintiffs Documents
Lawyer notice dated 17-11-2015, Reply Notice dated 02-12-2015, Photo copy of Jenm Assignment Deed, No.2928/2004
Defendants Documents
Commission Report dated 21-11-2016, Plan dated 21-11-2016, Commission Report dated 19-12-2017, Plan dated 19-12-2017
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Directed respondent to give vacant possession of the building to the petitioner within three months
Evidence:
Order under Section 11 (2) (b)
Relief Type:
Damages
Outcome:
Unknown
Description:
Petitioner entitled to realize costs of the petition from the respondent
Evidence:
Findings on costs
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demanding arrears of rent and enhancement of rent
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response with untenable contentions
Reference:
Ext.A2
Document Type:
Photo copy of Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Ownership of the shop rooms
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Evidence regarding building usage by respondent
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Evidence regarding building usage by respondent
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Evidence regarding building usage by respondent
Reference:
Ext.C3
Document Type:
Plan
Submitted By:
Court
Relevance:
Evidence regarding building usage by respondent
Reference:
Ext.C4
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
Owner requires property for own use
Case Code
Case between Muhammedkutty vs Aboobacker regarding rent control petition
Case Code Year
Case between Muhammedkutty vs Aboobacker regarding rent control petition