Case Summary
Koyatty. K.V filed a petition seeking eviction of Pramod Kumar. A. M for failing to pay rent for a shop room. The court found that the respondent had not paid the rent and allowed the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to surrender vacant possession of the room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed and the respondent was directed to surrender vacant possession of the room within one month.
Why Plaintiff Won:
The respondent was found to have willfully defaulted in paying the rent.
The respondent was found to have willfully defaulted in paying the rent.
Losing Side's Weaknesses:
The respondent was found to have willfully defaulted in paying the rent.
The respondent was found to have willfully defaulted in paying the rent.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the petition. He deposed that respondent kept the rent in arrears. His evidence is unchallenged.
Judgment Evidence:
In the result, the petition is allowed u/s.11(2)(b) of the Act. The respondent is directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Koyatty. K.V
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Pramod Kumar. A. M
- Relation
- S/o
Plaintiffs Documents
Building tax receipt, Lawyer notice, Postal receipt, License Certificate, Sale deed
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Ifthikar Malik
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule room.
Evidence:
The petition is allowed u/s.11(2)(b) of the Act.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of rent along with interest.
Evidence:
If the respondent pays or proves to be paid rent of Rs.1,87,306/- with interest at the rate of 6% per annum and costs of these proceedings within one month from today, order u/s.11(2)(b) will be vacated.
Relief Type:
Cost
Outcome:
Granted
Description:
Petitioner entitled to costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Copy of building tax receipt
Submitted By:
Plaintiff
Relevance:
Used to verify ownership and rental agreement.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice served to the respondent regarding arrears of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A2(a)
Document Type:
License certificate
Submitted By:
Plaintiff
Relevance:
Document validating the legality of the premises.
Reference:
Ext.A3
Document Type:
Notary attested copy of sale deed
Submitted By:
Plaintiff
Relevance:
Used to establish the petitioner's ownership of the property.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Koyatty. K.V vs Pramod Kumar. A. M regarding eviction for non-payment of rent
Case Code Year
Case between Koyatty. K.V vs Pramod Kumar. A. M regarding eviction for non-payment of rent