Case Summary
The petitioners, Pandikasala Vahija and Pandikasala Shahija, are seeking eviction of the respondents from their shop rooms. The court examined the legitimacy of the landlords' claims for eviction based on bonafide need.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule shop rooms.
Case Type
Rent Control Petition
Final Judgment
No
The petitions filed for eviction were allowed based on the petitioners' bonafide need for the premises. The respondents were ordered to vacate the shop rooms.
Why Plaintiff Won:
The petitioners were found to have a bonafide need for the shop rooms for starting a supermarket.
The petitioners were found to have a bonafide need for the shop rooms for starting a supermarket.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence available before the court would establish that the PW1 is in bonafide need of the petition schedule premises. It is fortified by filing of other RCPs for evicting tenants in the whole building, that the petition is not a ruse for eviction of respondent.
Judgment Evidence:
In the result, the RCP’s 98/19, 99/19, 105/19 and 106/19 are allowed as follows: 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 receipts, Legal heir ship certificate
Defendants Documents
GST Registration certificate, GST returns for various years.
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 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.
Documents & Evidence
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
These receipts were presented to establish the ownership of the petitioners over the petition schedule premises.
Reference:
Ext.A1 series, A2 series, A3 series, A4 series, A5 and A6
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