Case Summary
The petitioner, Saithu Haji, sought eviction of respondent due to rent arrears and his own bonafide need to reside in the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent with one month notice
Case Type
Rent Control Petition
Final Judgment
No
The court granted eviction of the respondent and directed her to vacate the property within one month.
Why Plaintiff Won:
The petitioner proved rent arrears and bonafide need for personal use of the property.
The petitioner proved rent arrears and bonafide need for personal use of the property.
Losing Side's Weaknesses:
The petitioner proved rent arrears and bonafide need for personal use of the property.
The petitioner proved rent arrears and bonafide need for personal use of the property.
Supporting Evidence
There is nothing to non-suit the petitioner the evidence adduced by the petitioner remained unchallenged. Therefore I find no reason to disbelieve the bonafide needs put forward by the petitioner.
Judgment Evidence:
In the result, the petition is allowed under section 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saithu Haji
- Party Age
- 65
- Relation
- S/o. Kunhimuhammed
- Party Role
- Defendant
- Party Name
- Rohini
- Party Age
- 40
Plaintiffs Documents
Lawyer notice with acknowledgment card, Rent Agreement
Defendants Documents
Commission report, Plan
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent with one month notice
Evidence:
In the result, the petition is allowed under section 11(2) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent to the respondent with acknowledgment card.
Reference:
A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Established terms of the rental agreement.
Reference:
A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Official report submitted to the court.
Reference:
C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Layout plan of the property.
Reference:
C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Rent arrears
Case Code
Case between Saithu Haji et al vs Rohini regarding rent arrears and eviction
Case Code Year
Case between Saithu Haji et al vs Rohini regarding rent arrears and eviction