Case Summary
Petitioner seeks eviction of respondents from a shop room for his intended paint and hardware business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction
Case Type
Eviction under Kerala Buildings (Lease and Rent) Control Act, 1965
Final Judgment
No
Why Plaintiff Won:
Petitioner proved genuine need for the shop room for starting his business, while respondents failed to show bonafide reasons to refuse eviction.
Petitioner proved genuine need for the shop room for starting his business, while respondents failed to show bonafide reasons to refuse eviction.
Judgment Evidence:
Therefore, I hold a view that petitioner is entitled for an order of eviction u/s 11(3) of the Kerala Buildings (Lease and Rent Control) Act and he is not entitled to get an order of eviction u/s 11(2) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act. Points are found accordingly.
Parties Involved
Plaintiffs
Vattiyam Veettil Ismail (44 years)
Vattiyam Veettil House, Vettom amsom & Post, Vemanna Desom, Tirur Taluk
Defendants
State of Kerala (Age not specified years)
Collectorate, Malappuram
Salam (Age not specified years)
Maveli Store, Alissery, Vettom Post, Tirur Taluk
Depot Manager, Kerala State Civil Supplies Corporation (Age not specified years)
Tirur
Kerala State Civil Supplies Corporation Ltd. (Age not specified years)
Maveli Bhavan, Gandhi Nagar, Kochi
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the shop room for the petitioner's genuine business need.
Evidence:
Therefore, I hold a view that petitioner is entitled for an order of eviction u/s 11(3) of the Kerala Buildings (Lease and Rent Control) Act and he is not entitled to get an order of eviction u/s 11(2) and 11(4)(ii) of the Kerala Buildings (Lease and Rent Control) Act. Points are found accordingly.
Documents & Evidence
Document Type:
Registered Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demand for eviction and vacant possession of the building on 20-06-2014.
Reference:
A1(a)
Document Type:
Letter
Submitted By:
Plaintiff
Relevance:
Reply notice from Depot Manager stating rent conditions.
Reference:
A2
Document Type:
Commissioner's Report
Submitted By:
Plaintiff
Relevance:
Report regarding the petition schedule property condition.
Reference:
A4