Case Summary
The petitioners, Pandikasala Sabira and Pandikasala Vahida, are seeking eviction of the respondent, Hashim Thangal, from their shop room due to non-payment of rent since January 2015. The petitioners require the premises for starting a Textile cum-manufacturing unit as they are in bonafide need of the space.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule shop room to the petitioners
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition filed by the petitioners, directing the respondent to vacate the shop room within one month and permitting the petitioners to recover costs.
Why Plaintiff Won:
The unchallenged evidence of the petitioners proved the bonafide need alleged by them.
The unchallenged evidence of the petitioners proved the bonafide need alleged by them.
Losing Side's Weaknesses:
The unchallenged evidence of the petitioners proved the bonafide need alleged by them.
The unchallenged evidence of the petitioners proved the bonafide need alleged by them.
Supporting Evidence
The unchallenged evidence of the petitioners prove the bonafide need alleged by the petitioners.
Judgment Evidence:
In the result, the petition is allowed as follows: - The respondent is hereby directed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule shop room to the petitioner within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pandikasala Sabira
- Party Age
- 49
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Pandikasala Vahida
- Party Age
- 56
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Hashim Thangal
- Party Age
- 51
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.M. Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- K. Ayisha Kutty
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- P. Nirmal Kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to hand over vacant possession of the petition schedule shop room to the petitioner within one month from the date of this order.
Evidence:
The respondent is hereby directed under Section 11(3) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule shop room to the petitioner within one month from the date of this order.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are allowed to realise the entire costs of the petition from the respondent.
Evidence:
The petitioners are allowed to realise the entire costs of the petition from the respondent.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
R.C.P
Case Code Year
2019