Case Summary
R.P.Nasar, the petitioner, is seeking eviction of Beerankoya P.N., the respondent, from a shop room for conducting a garment business. The respondent claims a lack of bonafide need from the petitioner and the need for the shop for his livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent shall surrender the vacant possession of the petition schedule room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction is allowed as the petitioner has proven a genuine need for the shop room. The respondent must surrender possession of the property.
Why Plaintiff Won:
The petitioner established a genuine and bonafide need for the shop room to start a garment business.
The petitioner established a genuine and bonafide need for the shop room to start a garment business.
Losing Side's Weaknesses:
The petitioner established a genuine and bonafide need for the shop room to start a garment business.
The petitioner established a genuine and bonafide need for the shop room to start a garment business.
Supporting Evidence
The evidence of PW1 shows that he bonafide requires the petition schedule shop room to start garment business. There is no contra evidence to establish that the petition is an outcome of the oblique motive to evict the respondents.
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
- R.P.Nasar
- Party Age
- 62
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Beerankoya P.N.
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice, Reply to lawyer notice, Copy of Property tax assessment list.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.P. Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent from the petition schedule 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:
The petitioner sought costs of the petition.
Evidence:
As such, the costs of the petition shall follow the event.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the petitioner calling upon the respondent to vacate the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Defendant
Relevance:
This notice is the response by the respondent to the petitioner's lawyer notice.
Reference:
Ext.A2
Document Type:
Property Tax assessment list
Submitted By:
Court
Relevance:
This document provided evidence regarding the availability of other shop rooms in the locality.
Reference:
Ext.A3
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
The evidence presented by witnesses PW1 and RW1 in relation to the need for eviction.
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
Non-payment of rent
Case Code
Case between R.P.Nasar vs Beerankoya P.N. regarding eviction of tenant
Case Code Year
Case between R.P.Nasar vs Beerankoya P.N. regarding eviction of tenant