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RENT CONTROL PETITION NO. 41 OF 2016

Case between Mecheri Aboobacker et al vs Thirunilath Gangadharan regarding eviction and bonafide need

Court
Court of the Rent Controller of Tirur
Judge
Smt. VINCY.T.V.
Order Date
2018-02-21
Duration
1 year 7 months

Judgement document from eCourt website

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Case Summary

Petitioners filed a case seeking eviction of the respondent from a room under the Kerala Buildings (Lease and Rent Control) Act due to bonafide need to start a supermarket.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petition for eviction under section 11(3) and 11(4)(v), directing the respondent to vacate the scheduled building within one month.
Judgment Favored
Plaintiff
Relief Granted
Eviction and vacant possession of the building
Case Type
Civil Suit - Eviction and Bonafide Need
Final Judgment
No
Why Plaintiff Won:
The petitioner proved bonafide need for the room to start a supermarket, and the respondent failed to rebut the evidence.

Judgment Evidence:

The petition is allowed under section 11(3) and 11(4)(v) of the Kerala Building (Lease and Rent Control) Act 1965 as follows: The respondent is directed to put the petitioners in vacant possession of the petition schedule building within one month from today. The petitioner is entitled to realise the costs of the petition from the respondents.

Parties Involved

Plaintiffs

Mecheri Aboobacker (59 years) Tirur amsom, Thumarakkavu desom, Tirur Taluk Safiya (52 years) Tirur amsom, Thumarakkavu desom, Tirur Taluk Ansas (31 years) Tirur amsom, Thumarakkavu desom, Tirur Taluk

Defendants

Thirunilath Gangadharan (65 years) Tirur amsom desom, Tirur Taluk

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction and vacant possession of the building
Evidence:

Documents & Evidence

Document Type: Commission Report
Submitted By: Court
Relevance:
Supported the petitioner's case
Reference:
C1 - 22-3-2016 - Commission report submitted by Smt.Anjana.N.P. Advocate Commissioner
Document Type: Commission Plan
Submitted By: Court
Relevance:
NA
Reference:
C2 - NA

Quick Facts

Location
Tirur
Case Filed
Tue, 06/21/2016 - 12:00
Outcome Confidence
90%

Involved Entities

Private Individual

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