Case Summary
The petitioners, Shoukkathali and others, seek eviction of the respondent, Smt.Sumathi, from a shop room due to non-payment of rent and need for construction of a new building. The respondent contends that the eviction is not justified, claiming the premises is her only source of livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to vacate the shop room within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioners, allowing eviction of the respondent under Section 11(3) of the Kerala Building Lease and Rent Control Act. The petitioner's claim of bona fide need was deemed valid, while the respondent's claims lacked sufficient evidence.
Why Plaintiff Won:
The court determined that the petitioners have a bona fide need for the rented space for their proposed construction.
The court determined that the petitioners have a bona fide need for the rented space for their proposed construction.
Losing Side's Weaknesses:
The court determined that the petitioners have a bona fide need for the rented space for their proposed construction.
The court determined that the petitioners have a bona fide need for the rented space for their proposed construction.
Supporting Evidence
Hence I find that the need projected in the petition is genuine, natural and honest.
Judgment Evidence:
In the result, RCP is allowed under Section 11(3) of KBLR Act as follows: 1) The respondent is hereby directed to put the petitioner in possession of the petition schedule shop room within a period of two months from today, failing which the petitioners can execute this order by due process of the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shoukkathali
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kunnummal Basheer
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr.Fida
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dr.Fari Ayisha
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shahida
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Smt.Sumathi
- Relation
- W/o
Plaintiffs Documents
Copy of Lawyer notice, Postal receipt, Acknowledgment card, Reply of lawyer notice, Copy of building permit, Proceedings No.TP 2/80382/22, Certified copy of Commission report.
Defendants Documents
Trade license, Trade license, Certificate of IFTE and OS license, Udayam registration certificate, Receipt.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. E.V.Viswambaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Anitha.K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for eviction of the respondent from the scheduled shop room.
Evidence:
Hence I find that the petitioner is entitled for an order of eviction under section 11(3) of KBLR Act as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Order for the respondent to pay the costs of the petition.
Evidence:
that the respondent shall pay the costs of the petition.
Relief Type:
Eviction
Outcome:
Rejected
Description:
Claims for eviction under Section 11(2)(b) and 11(4)(ii) are dismissed.
Evidence:
The claims for eviction u/s 11(2)(b) and 11(4)(ii) are hereby dismissed.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the respondent requesting to vacate the premises.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt confirming the sending of the lawyer notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card showing receipt of the lawyer notice.
Reference:
Ext.A3
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
Reply notice to the lawyer notice asserting that rent was paid up to March 2022.
Reference:
Ext.A4
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Copy of the building permit issued for the construction of a new building.
Reference:
Ext.A5
Document Type:
Proceedings
Submitted By:
Plaintiff
Relevance:
Proceedings of the renewal of the building permit.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Certified copy of the commission report concerning the scheduled premises.
Reference:
Ext.A7
Document Type:
Trade License
Submitted By:
Defendant
Relevance:
Trade license issued to the respondent for conducting business.
Reference:
Ext.B1
Document Type:
Trade License
Submitted By:
Defendant
Relevance:
Another trade license issued to the respondent for the subsequent year.
Reference:
Ext.B2
Document Type:
Certificate of IFTE and OS License
Submitted By:
Defendant
Relevance:
Certificate issued for the respondent's business operations.
Reference:
Ext.B3
Document Type:
Udayam Registration Certificate
Submitted By:
Defendant
Relevance:
Certificate indicating registration with the ministry for small enterprises.
Reference:
Ext.B4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt issued for municipal corporation payments.
Reference:
Ext.B5
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 Shoukkathali et al vs Smt.Sumathi regarding eviction under Rent Control Act
Case Code Year
Case between Shoukkathali et al vs Smt.Sumathi regarding eviction under Rent Control Act