Case Summary
The petitioner, Hashim, filed a rent control petition for eviction against the respondents due to non-payment of rent. The respondents claim they surrendered the premises and are contesting the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule room.
Case Type
Rent Control Petition
Final Judgment
No
The Rent Control Petition was allowed in part, directing the respondents to vacate the premises and pay costs. The respondents must hand over possession within 30 days.
Why Plaintiff Won:
The court found the petitioner established his entitlement to eviction based on non-payment of rent.
The court found the petitioner established his entitlement to eviction based on non-payment of rent.
Losing Side's Weaknesses:
The court found the petitioner established his entitlement to eviction based on non-payment of rent.
The court found the petitioner established his entitlement to eviction based on non-payment of rent.
Supporting Evidence
The petitioner was able to prove that the respondents had defaulted on rent payments, establishing the landlord-tenant relationship.
Judgment Evidence:
In the result, RCP is allowed in part with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- HASHIM
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- KUTTANGARATH BHASKARAN
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- THE AGRICULTURE OFFICER
Plaintiffs Documents
Rent Agreement dated 05.01.2019, Copy of Lawyer Notice dated 19.04.2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ali. V
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Manoj Aroor
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. Prasad
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the petition schedule room under section 11(2)(b) of the Act.
Evidence:
The respondents are hereby directed to put the petitioner–land lord in the vacant possession of the petition schedule room under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act within 30 days from today.
Relief Type:
Possession
Outcome:
Granted
Description:
Granting of vacant possession of the shop room to the petitioner.
Evidence:
The respondents are hereby directed to put the petitioner–land lord in the vacant possession of the petition schedule room under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act within 30 days from today.
Relief Type:
Cost
Outcome:
Granted
Description:
Respondents are directed to pay costs of the proceedings.
Evidence:
The respondents are also directed to pay the costs of the proceedings to the petitioners.
Relief Type:
Other
Outcome:
Not Decided
Description:
Relief under section 11(4)(v) of the Act.
Evidence:
The counsel for the petitioner has stated that they are not pressing for a relief under that provision.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Establishes the landlord-tenant relationship between the petitioner and the first respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Informing the respondents about the default in payment of rent.
Reference:
Ext.A2
Document Type:
Account Opening Form
Submitted By:
Unknown
Relevance:
Document showing account details related to the rent payment.
Reference:
Ext.X1
Document Type:
Statement of Account
Submitted By:
Unknown
Relevance:
Account statement evidencing the rent payment history.
Reference:
Ext.X2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between HASHIM vs KUTTANGARATH BHASKARAN et al regarding rent arrears and eviction.
Case Code Year
Case between HASHIM vs KUTTANGARATH BHASKARAN et al regarding rent arrears and eviction.