Case Summary
Kummil Fathima filed a petition against Sajeev Kumar for eviction due to unpaid rent and cessation of occupancy. The petitioner requires the building for her son to start a tea stall.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and payment of costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction stating the petitioner had established her grounds for eviction under the relevant sections of the Act.
Why Plaintiff Won:
The petitioner established entitlement for eviction based on unpaid rent and non-occupancy.
The petitioner established entitlement for eviction based on unpaid rent and non-occupancy.
Losing Side's Weaknesses:
The petitioner established entitlement for eviction based on unpaid rent and non-occupancy.
The petitioner established entitlement for eviction based on unpaid rent and non-occupancy.
Supporting Evidence
The petitioner has established that she is entitled to an order under section 11 (2)(b) of the Act.
Judgment Evidence:
The rent control petition is allowed under section 11(2)(b) section 11 (3), section 11 (4) (ii) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kummil Fathima
- Party Age
- 84
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Sajeev Kumar
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Kachit dated 01.06.2014, Lawyer notice along with postal receipt, Returned notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Haneef
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Saran.E
- Appearance Type
- Government Pleader
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed under section 11(2)(b), section 11(3) of the Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the proceedings to be paid to the petitioner.
Evidence:
The respondent is also directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Kacheet
Submitted By:
Plaintiff
Relevance:
Proves the landlord-tenant relationship.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Statutory lawyer notice demanding arrears of rent.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
Returned cover evidencing the demand for vacant possession.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report evidencing cessation of occupation by the respondent.
Reference:
Ext.C1
Document Type:
Commissioner's Plan
Submitted By:
Court
Relevance:
Plan related to the commission report.
Reference:
Ext.C2
Document Type:
Photograph
Submitted By:
Court
Relevance:
Photographic evidence related to the commission report.
Reference:
Ext.C3
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 Kummil Fathima vs Sajeev Kumar regarding eviction and rent arrears
Case Code Year
Case between Kummil Fathima vs Sajeev Kumar regarding eviction and rent arrears