Case Summary
The petitioners, comprising MADHUSUDHANAN and others, are seeking to evict the respondent VADAKKE MADATHIL CHATHU from a shop room due to default in rent payment and need for business. The respondent has not disputed the petition and has surrendered the keys.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction granted.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the Rent Control Petition, directing the respondent to vacate the shop room and hand it over to the petitioners within one month.
Why Plaintiff Won:
The respondent failed to contest the petition and admitted the bonafide need of the petitioners.
The respondent failed to contest the petition and admitted the bonafide need of the petitioners.
Losing Side's Weaknesses:
The respondent failed to contest the petition and admitted the bonafide need of the petitioners.
The respondent failed to contest the petition and admitted the bonafide need of the petitioners.
Supporting Evidence
Since the respondent has surrendered the key to the petitioners it is an established fact that the bonafide need of the petitioners is admitted by the respondent.
Judgment Evidence:
In the result, an order of eviction is passed u/s. 11(2)(b), 11(3) and 11(4)(v) of the Act. The respondent is directed to vacate the petition schedule shop room and to hand over the same to the petitioners within a period of one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- MADHUSUDHANAN
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- RADHAKRISHNAN
- Party Age
- 56
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- RAJEEVAN
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- MURALEEDHARAN
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- VADAKKE MADATHIL CHATHU
- Party Age
- 63
- Relation
- S/o
Plaintiffs Documents
Rent Agreement executed between Kunhikelu Adiyodi and the respondent, Copy of Lawyer Notice sent by Adv. Krishnakumar. K to the respondents, Death Certificates of Kunhikelu Adiyodi and Janu Amma, Tax Receipt.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Krishnakumar. K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule shop room.
Evidence:
Hence, the petition is allowed under section 11(2)(b) of the Act.
Relief Type:
Eviction
Outcome:
Granted
Description:
Established bonafide need of the petitioners.
Evidence:
Therefore, the need projected by the petitioners under section 11(3) is also established.
Relief Type:
Eviction
Outcome:
Granted
Description:
Cessation of occupation established.
Evidence:
There is no need to answer further more on that relief.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Executed in between Kunhikelu Adiyodi and the respondent.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. Krishnakumar. K to the respondents.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Signed by Chathu.
Reference:
Ext.A2 (a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notice sent.
Reference:
Ext.A2 (b)
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Of Kunhikelu Adiyodi issued by Registrar of births and deaths.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Of Janu Amma, W/o. Kunhikelu issued by registrar of births and deaths.
Reference:
Ext.A4
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Of Janu Amma, W/o. Kunhikelu Adiyodi issued by Tuneri Village Office.
Reference:
Ext.A5
Document Type:
Family Membership Certificate
Submitted By:
Plaintiff
Relevance:
Of Janu Amma, W/o. Kunhikelu Adiyodi issued by Tuneri Village Office.
Reference:
Ext.A6
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Issued by Tuneri Village Office.
Reference:
Ext.A7
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 MADHUSUDHANAN et al vs VADAKKE MADATHIL CHATHU regarding eviction from shop room.
Case Code Year
Case between MADHUSUDHANAN et al vs VADAKKE MADATHIL CHATHU regarding eviction from shop room.