Case Summary
Petition by Muhammedkutty against Hamza et al for eviction from leased building due to rent arrears and for bonafide need of additional accommodation for business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of defendants and cost recovery
Case Type
Rent Control Petition
Final Judgment
No
Petition allowed for eviction of defendants, arrears of rent to be paid, and costs to be borne by defendants.
Why Plaintiff Won:
Petitioner proved case with unchallenged evidence due to respondent absence
Petitioner proved case with unchallenged evidence due to respondent absence
Losing Side's Weaknesses:
Petitioner proved case with unchallenged evidence due to respondent absence
Petitioner proved case with unchallenged evidence due to respondent absence
Supporting Evidence
Petitioner adduced evidence in tune with the contentions in the petition which remained unchallenged due to respondent absence.
Judgment Evidence:
The respondents are directed to give vacant possession of the petition schedule building to the petitioner within three months from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kainikkara Muhammedkutty
- Party Age
- 63
- Relation
- S/o. Yahu
- Party Role
- Defendant
- Party Name
- Hamza
- Party Age
- 66
- Relation
- S/o. Moidunni
- Party Role
- Defendant
- Party Name
- Nafeesa
- Party Age
- 45
- Relation
- W/o.l Musthafa
- Party Role
- Defendant
- Party Name
- Nisam
- Party Age
- 25
- Relation
- S/o. Musthafa
- Party Role
- Defendant
- Party Name
- Thachaprambil Kunhimohammed
- Party Age
- 49
- Relation
- S/o. Mohamed Haji
- Party Role
- Defendant
- Party Name
- Chirakkal Musthafa's children
Plaintiffs Documents
05-07-2016 Copy of Lawyer Notice, Postal Receipt, Postal Acknowledgment Card, Unserved Letters. 07-09-2016 Commission Report, Sketch
Defendants Documents
Advocates
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Direction to give vacant possession of the building to the petitioner within three months
Evidence:
The court found in favor of the petitioner based on the evidence provided
Relief Type:
Eviction
Outcome:
Granted
Description:
Order to vacate on deposit of arrears of rent within one month
Evidence:
The court decided in favor of the petitioner
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner entitled to realize the costs from the respondent
Evidence:
Normal cost rule followed in favor of the petitioner
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Plaintiff issued notice demanding surrender of vacant possession of the building
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A1(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A1(b)
Document Type:
Unserved Letter
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A2
Document Type:
Unserved Letter
Submitted By:
Plaintiff
Relevance:
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Reference:
Ext.C2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Violation of lease conditions
Case Code
Case between Kainikkara Muhammedkutty vs Hamza et al regarding Rent Control Petition
Case Code Year
Case between Kainikkara Muhammedkutty vs Hamza et al regarding Rent Control Petition