Case Summary
The petitioner, Basheer T.A., seeks eviction of the respondent, Abdul Salam M.C., for default in rent payment and unlawful subletting of the property. The case involves allegations of breach of the rent agreement and a claim for possession of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for possession of the petition schedule building.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered that the respondent must give possession of the property to the petitioner within 30 days. Additionally, costs of the petition are to be borne by the respondent.
Why Plaintiff Won:
The petitioner proved his case by showing that the respondent defaulted in payment and sublet the property in violation of the terms of the rent agreement.
The petitioner proved his case by showing that the respondent defaulted in payment and sublet the property in violation of the terms of the rent agreement.
Losing Side's Weaknesses:
The petitioner proved his case by showing that the respondent defaulted in payment and sublet the property in violation of the terms of the rent agreement.
The petitioner proved his case by showing that the respondent defaulted in payment and sublet the property in violation of the terms of the rent agreement.
Supporting Evidence
The petitioner has proved his case that the respondent after taking the petition schedule building on rent sublet the petition schedule building in violation to the terms of the rent agreement. The petitioner has also proved his bonafide need of starting his business in the petition schedule building.
Judgment Evidence:
The petition is allowed. 1. The respondent is directed to put the landlord in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Basheer T.A.
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Salam M.C
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Power of Attorney, Certified copy of the Sale deed No. 607/1/2021, Property Tax receipt, Land Tax receipt, Rent Agreement, FIR copies.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.N. Mohammed Thanveer
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Rameez Noor
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Abilash Muraleedharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Joy C. Paul
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Eldhose Joy
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Reejo Johnson
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Noble George
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the property.
Evidence:
The petition is allowed. The respondent is directed to put the landlord in possession of the petition schedule building under Section 11(2)(b) of the Act within 30 days from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the property.
Evidence:
The respondent is directed to put the landlord in possession of the petition schedule building under Section 11(3) of the Act within 30 days from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the property.
Evidence:
The respondent is directed to put the landlord in possession of the petition schedule building under Section 11(4)(i) of the Act within 30 days from today.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the 1st respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the 1st respondent.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
The power of attorney holder represented the petitioner in the case.
Reference:
Ext.A1
Document Type:
Certified copy of the Sale deed
Submitted By:
Plaintiff
Relevance:
Provided evidence of the petitioner's title to the property.
Reference:
Ext.A2
Document Type:
Property Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrated the petitioner's claim regarding the property.
Reference:
Ext.A3
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Supported the ownership claims of the petitioner.
Reference:
Ext.A4
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Essential for establishing the terms under which the property was rented.
Reference:
Ext.A5
Document Type:
Certified copy of the Private Complaint
Submitted By:
Plaintiff
Relevance:
Relevant to establish the background of the dispute.
Reference:
Ext.A6
Document Type:
Certified copy of the FIR
Submitted By:
Plaintiff
Relevance:
Provided evidence regarding the legal issues surrounding the respondents.
Reference:
Ext.A7
Document Type:
Certified copy of the Complaint
Submitted By:
Plaintiff
Relevance:
Relevant to show ongoing legal actions involving the respondents.
Reference:
Ext.A8
Document Type:
Certified copy of the FIR
Submitted By:
Plaintiff
Relevance:
Provided additional evidence regarding the legal issues with the respondents.
Reference:
Ext.A9
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicated the petitioner's formal demand for possession of the property.
Reference:
Ext.A10
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of service for the lawyer notice sent to the respondent.
Reference:
Ext.A11
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Demonstrated that the respondent did not receive the notice.
Reference:
Ext.A12
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Provided evidence of the condition and status of the property in question.
Reference:
Ext.C1
Document Type:
Photograph
Submitted By:
Court
Relevance:
Visual evidence supporting the commissioner report regarding the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Basheer T.A. vs Abdul Salam M.C regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Basheer T.A. vs Abdul Salam M.C regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.