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RENT CONTROL PETITION NO. 39 OF 2016

Case between Pocker vs Zainul Abideen regarding building possession dispute

Court
RENT CONTROLLER OF TIRUR
Judge
Smt. VINCY.T.V.
Order Date
2017-10-31
Duration
1 year

Judgement document from eCourt website

Open judgment PDF (eCourt)
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Case Summary

Petitioner seeks eviction of respondent due to misuse of building and bonafide need to start a business with son.

Judgment Outcome

Plaintiff Won
Interim Order
Court ordered respondent to vacate the building within three months due to misuse and granted costs to the petitioner.
Judgment Favored
Plaintiff
Relief Granted
Eviction and costs
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
The petitioner was able to establish bonafide need and misuse of the building by the respondent.

Judgment Evidence:

The petition is allowed under section 11(3) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965, directing the respondent to vacate the building within thre...

Parties Involved

Plaintiffs

Pocker (59 years) Cholayil Parambil House, Kalpakanchery, Thozhannoor desom, P.O. Randathani, Tirur Taluk. PIN 676 510.

Defendants

Zainul Abideen (40 years) Pattamadakulambu House, Kattiparuthi, Thozhuvanoor desom, P.O. Thozhuvanoor, Tirur Taluk. PIN 676 552.

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of respondent from the building
Evidence:
The petitioner is entitled for an order u/s 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965
Relief Type: Costs
Outcome: Granted
Description:
Respondent to pay costs to the petitioner
Evidence:
The petition is allowed under section 11(3) and 11(4)(ii) of the Kerala Building (Lease and Rent Control) Act 1965, directing the respondent to vacate the building within thre...

Documents & Evidence

Document Type: Jenm Assignment Deed
Submitted By: Plaintiff
Relevance:
Document supporting ownership
Reference:
A1
Document Type: Grade cards
Submitted By: Plaintiff
Relevance:
Academic evidence
Reference:
A5, A6
Document Type: Diary entries
Submitted By: Defendant
Relevance:
Unknown
Reference:
B1, B2
Document Type: Commission sketch
Submitted By: Court
Relevance:
Report on property condition
Reference:
C1
Document Type: Commission Report
Submitted By: Court
Relevance:
Additional property report
Reference:
C2

Quick Facts

Location
Tirur
Case Filed
Mon, 10/31/2016 - 12:00
Outcome Confidence
80%

Involved Entities

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