Case Summary
Koyassan Haji filed a petition against Vaduvath Azeez for eviction from shop rooms due to non-payment of rent. The court found that the respondent had not occupied the premises for over a year without reasonable cause.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop rooms.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to give vacant possession of the shop rooms within three months. The respondent can avoid eviction by paying the arrears of rent.
Why Plaintiff Won:
The petitioner proved the bona fide need for the shop rooms and the respondent's prolonged absence.
The petitioner proved the bona fide need for the shop rooms and the respondent's prolonged absence.
Losing Side's Weaknesses:
The petitioner proved the bona fide need for the shop rooms and the respondent's prolonged absence.
The petitioner proved the bona fide need for the shop rooms and the respondent's prolonged absence.
Supporting Evidence
After considering the evidence, I am satisfied that the petitioner has proved his case by adducing cogent and reliable evidence.
Judgment Evidence:
In the result, the petition is allowed under Sections 11(2), 11 (3), 11 (4)(ii) and 11 (4)(v) of the Kerala Building (Lease and Rent Control) Act, 1965 as follows: 1. The respondent is 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
- Koyassan Haji
- Party Age
- 63
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vaduvath Azeez
- Party Age
- 55
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice dated 03-03-2018, Postal Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Chandrasekharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Vipin
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Nizam Thayyil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
Therefore, the petitioner is entitled for an order of eviction under Sections 11(2), 11 (3), 11 (4) (ii) and 11 (4) (v) of the Kerala Building (Lease and Rent Control) Act, 1965.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to realize the costs of the petition from the respondent.
Evidence:
So the petitioner is entitled to realize the cost of the proceedings from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The petitioner issued a lawyer notice to the respondent demanding the surrender of vacant possession of the petition schedule building.
Reference:
Exbt. A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt was related to the service of the lawyer notice.
Reference:
Exbt. A1(b)
Document Type:
Unserved Letter
Submitted By:
Plaintiff
Relevance:
The unserved letter indicates that the respondent evaded receipt of the lawyer notice.
Reference:
Exbt. A1(c)
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
Case Code
Case between Koyassan Haji vs Vaduvath Azeez regarding eviction of shop rooms.
Case Code Year
Case between Koyassan Haji vs Vaduvath Azeez regarding eviction of shop rooms.