Case Summary
The petitioner, Ponmanichintakath Sulaikha, seeks eviction of the respondent, O. Reneesh, from a shop room, claiming a need for the space for her husband to start a business. The respondent contends that he has been conducting his tailoring business there since 2001 and that the eviction is motivated by malafide intentions.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent to surrender vacant possession within one month
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was granted, allowing the petitioner to take possession of the shop room based on the genuine need asserted by the petitioner and the failure of the respondent to establish his claims against eviction.
Why Plaintiff Won:
Petitioner's genuine need for the premises was established, supported by credible evidence.
Petitioner's genuine need for the premises was established, supported by credible evidence.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
It is clear from the evidence tendered by both the parties that the need projected by the petitioner is a genuine one.
Judgment Evidence:
In the result, the petition is allowed Under Sec. 11(3) of the Act and the following order is passed. 1. The respondent shall surrender the vacant possession of the petition schedule room within one month from today, failing which the petitioner can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ponmanichintakath Sulaikha
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- S.V. Abdul Nazar
- Party Age
- 58
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- O. Reneesh
- Party Age
- 50
Plaintiffs Documents
Copy of lawyer notice sent by Adv. K. Lakshmi to Reneesh, Postal receipt, Reply to RTI application issued by State PIO & Health supervisor Calicut Corporation to Sulekha Easakoya.
Defendants Documents
Copy of agreement entered into between Imbichiamina and Renish.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Raghukumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K. Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of respondent from the shop room.
Evidence:
In view of my findings on points No. 1 to 3, the petition is liable to be allowed Under Sec. 11(3) of the Act.
Relief Type:
Cost
Outcome:
Granted
Description:
Petitioner sought costs associated with the petition.
Evidence:
As such, the costs of the petition shall follow the event.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent by the petitioner to the respondent requesting to vacate the shop room.
Reference:
Ext.A1(Series)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reply notice issued by the respondent denying the allegations made by the petitioner.
Reference:
Ext.A2
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
RTI application sent by the petitioner to obtain information regarding shop rooms.
Reference:
Ext.A3
Document Type:
RTI Acknowledgment
Submitted By:
Plaintiff
Relevance:
Acknowledgment receipt issued by Kozhikode Corporation for RTI application.
Reference:
Ext.A3(a)
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
Reply to the RTI application concerning availability of shop rooms.
Reference:
Ext.A4
Document Type:
Appellate Order
Submitted By:
Plaintiff
Relevance:
Copy of appellate order relevant to the petition.
Reference:
Ext.A5
Document Type:
Agreement
Submitted By:
Defendant
Relevance:
Copy of agreement entered into between the prior owner and the respondent.
Reference:
Ext.B1
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Oral evidence provided by witnesses during the hearing.
Reference:
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Bonafide requirement
Case Code
Case between Ponmanichintakath Sulaikha vs O. Reneesh regarding eviction from shop room
Case Code Year
Case between Ponmanichintakath Sulaikha vs O. Reneesh regarding eviction from shop room