Case Summary
The petitioners, Pandikasala Vahija and Pandikasala Shahija, filed eviction petitions against various respondents based on their need for the shop rooms for conducting a business. The respondents contested the petitions, claiming they were the rightful tenants and had no alternative accommodation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the petition schedule shop rooms.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitions for eviction, determining the petitioners had a bona fide need for the premises. The respondents were ordered to vacate the premises within two months.
Why Plaintiff Won:
The court found the petitioners had a genuine and immediate need for the shop rooms to start their business.
The court found the petitioners had a genuine and immediate need for the shop rooms to start their business.
Losing Side's Weaknesses:
The court found the petitioners had a genuine and immediate need for the shop rooms to start their business.
The court found the petitioners had a genuine and immediate need for the shop rooms to start their business.
Supporting Evidence
The petitioners demonstrated their need for the premises based on their economic situation, educational background of their children, and their previous experience in conducting a supermarket.
Judgment Evidence:
In the result, the RCP’s 98/19, 99/19, 105/19 and 106/19 are allowed as follows: 1. The respondents in RCP’s 98/19, 99/19, 105/19 and 106/19 are 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 rooms to the petitioner within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Pandikasala Vahija
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Pandikasala Shahija
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Musthafa Alungal
- Party Age
- 67
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.Y Sony
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vailassery Gopalakrishnan
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.C. Deepak
- Party Age
- 29
- Relation
- S/o
Plaintiffs Documents
Property tax receipt, Legal heir ship certificate.
Defendants Documents
Copy of GST Registration certificate, Copy of GST returns for the years 2019-2023.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.M. Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.B. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Vidhya.P
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- K.K. Abhilash Bhaba
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the petition schedule shop rooms.
Evidence:
The RCP’s 98/19, 99/19, 105/19 and 106/19 are allowed as follows: The respondents are 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 rooms to the petitioner within two months from the date of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioners allowed to recover costs from respondents.
Evidence:
The petitioners are allowed to realise the entire costs of the petition from the respondents.
Documents & Evidence
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts prove ownership of the petitioners over the petition schedule shop rooms.
Reference:
Ext.A1 series, A2 series, A3 series, A4 series, A5 and A6
Document Type:
GST Registration Certificate
Submitted By:
Defendant
Relevance:
Establishes the business legitimacy of the defendant.
Reference:
Ext.B1
Document Type:
GST return
Submitted By:
Defendant
Relevance:
Supports the financial claims of the defendant's business operations.
Reference:
Ext.B2 to B5
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
RCP
Case Code Year
2019