Case Summary
The petitioner, Ummathabi V, represented by her son Abdul Latheef, is seeking eviction of the respondents from a shop room they occupy. The case revolves around the need of the petitioner’s son to start a pickle manufacturing business.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The petition seeking eviction of the respondents was dismissed by the court. The court found that the petitioner failed to establish a bonafide need for the property.
Key Reasoning:
The petitioner did not prove a genuine bonafide need for eviction.
The petitioner did not prove a genuine bonafide need for eviction.
Why Defendant Won:
The petitioner did not prove a genuine bonafide need for eviction.
The petitioner did not prove a genuine bonafide need for eviction.
Supporting Evidence
The court concluded that the petitioner had failed to prove the bonafide need for the shop room.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ummathabi V
- Party Age
- 76
- Relation
- null
- Party Role
- Defendant
- Party Name
- Haris
- Party Age
- 46
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mariyambi
- Party Age
- 71
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fausiya
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rasiya
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Najeeb
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Notary attested Copy of Power of attorney, Certified copy of Judgement in RCP 78/2007, True copy of Coolie Kaychit executed by Kunhammed.
Defendants Documents
Certified copy of petition in RCP 42/08, Certified copy of counter statement in RCP 42/08.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri Arjun T Mohanan
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Bhavitha V
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Rajisha O
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Haseena KA
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P Krishna kumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
Eviction of respondents from the petition schedule property.
Evidence:
Based on the evidence presented, the need urged out by PW1 does not seem to be a genuine one.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document grants authority to Abdul Latheef M to represent the petitioner.
Reference:
Ext.A1
Document Type:
Judgment
Submitted By:
Plaintiff
Relevance:
Relevant previous judgment in RCP 78/2007 affecting the case.
Reference:
Ext.A2
Document Type:
Coolie Kaychit
Submitted By:
Plaintiff
Relevance:
This is the original agreement under which the respondents took possession of the property.
Reference:
Ext.A3
Document Type:
Passport
Submitted By:
Plaintiff
Relevance:
Proof of identity and overseas employment of Abdul Latheef M.
Reference:
Ext.A4
Document Type:
Cash Receipt
Submitted By:
Plaintiff
Relevance:
Indicates payments made by the petitioner to the Kozhikode Corporation.
Reference:
Ext.A5
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Shows details of the agreement for use of property by Jaffer C.
Reference:
Ext.A6
Document Type:
RTI application
Submitted By:
Plaintiff
Relevance:
Legal request for information relevant to the case.
Reference:
Ext.A7
Document Type:
Building certificates
Submitted By:
Plaintiff
Relevance:
Certificates indicating the status of the petitioner's building.
Reference:
Ext.A8
Document Type:
Judgment
Submitted By:
Defendant
Relevance:
Relevant judgment from a previous case affecting the defendant's position.
Reference:
Ext.B1
Document Type:
Counter statement
Submitted By:
Defendant
Relevance:
Defendant's rebuttal to claims in previous litigation.
Reference:
Ext.B2
Document Type:
Counter statement
Submitted By:
Defendant
Relevance:
Further rebuttal related to the ongoing case.
Reference:
Ext.B3
Document Type:
Order
Submitted By:
Defendant
Relevance:
Court order from prior litigation involving the respondents.
Reference:
Ext.B4
Document Type:
Certified copy of Petition
Submitted By:
Defendant
Relevance:
A petition filed by the petitioner in earlier related proceedings.
Reference:
Ext.B5
Document Type:
Counter statement
Submitted By:
Defendant
Relevance:
Counter response in regard to previous petitions.
Reference:
Ext.B6
Document Type:
Demand register extracts
Submitted By:
Defendant
Relevance:
Records of financial obligations relevant to the respondents.
Reference:
Ext.B7
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Details of another petition filed by the petitioner.
Reference:
Ext.B8
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Further details of litigation by the petitioner.
Reference:
Ext.B9
Document Type:
Counter statement
Submitted By:
Defendant
Relevance:
Defendant's reply concerning other litigation.
Reference:
Ext.B10
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Legal claim made by the petitioner.
Reference:
Ext.B11
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Another petition by the petitioner.
Reference:
Ext.B12
Document Type:
Order
Submitted By:
Defendant
Relevance:
Previous order that affects the rights of the parties.
Reference:
Ext.B13
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order from earlier proceedings affecting both parties.
Reference:
Ext.B14
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Another legal document relevant to the case.
Reference:
Ext.B15
Document Type:
Order
Submitted By:
Defendant
Relevance:
Order relevant to previous appeal regarding the case.
Reference:
Ext.B16
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Details of another appeal.
Reference:
Ext.B17
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Further documents relating to litigation history.
Reference:
Ext.B18
Document Type:
Certified petition
Submitted By:
Defendant
Relevance:
Historical legal document pertaining to case background.
Reference:
Ext.B19
Document Type:
Cash receipts
Submitted By:
Defendant
Relevance:
Financial records substantiating claims by the respondents.
Reference:
Ext.B20
Document Type:
Registered Lawyer Notice
Submitted By:
Defendant
Relevance:
Notice related to eviction discussions.
Reference:
Ext.B24
Document Type:
Reply of Lawyer Notice
Submitted By:
Defendant
Relevance:
Response to eviction notice.
Reference:
Ext.B25
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings relevant to the physical condition of the property.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Subsequent findings relevant to property usage.
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between Ummathabi V vs Haris et al regarding eviction of respondents from shop room.
Case Code Year
Case between Ummathabi V vs Haris et al regarding eviction of respondents from shop room.