Case Summary
The case involves Praveen Raj Thaithodan and Premalatha as petitioners against Sunitha.P.P and Sarath.P concerning eviction due to non-payment of rent. The petitioners claimed that the respondents had kept the rent in arrears and ceased to occupy the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents and cost of proceedings
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the rent control petition and ordered the eviction of the respondents from the premises due to non-payment of rent. The respondents were also directed to pay the costs of the proceedings.
Why Plaintiff Won:
The petitioners established their entitlement to eviction under section 11 (2)(b) and section 11 (4)(v) based on evidence of arrears and ceased occupancy.
The petitioners established their entitlement to eviction under section 11 (2)(b) and section 11 (4)(v) based on evidence of arrears and ceased occupancy.
Losing Side's Weaknesses:
The petitioners established their entitlement to eviction under section 11 (2)(b) and section 11 (4)(v) based on evidence of arrears and ceased occupancy.
The petitioners established their entitlement to eviction under section 11 (2)(b) and section 11 (4)(v) based on evidence of arrears and ceased occupancy.
Supporting Evidence
The PW1 has deposed in tune with the petition averments... Hence, the petitioners have established that they are entitled to an order of eviction under section 11 (4)(v) of the Act.
Judgment Evidence:
In the result, 1.The rent control petition is allowed under section 11(2)(b) and section 11 (4) (v) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Praveen Raj Thaithodan
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Premalatha
- Party Age
- 76
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sunitha.P.P
- Party Age
- 49
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sarath.P
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Lawyer notice dated 27.11.2023, Tax receipt dated 01.06.2020
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Mayan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.N.V.P.Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the petition schedule building.
Evidence:
The petitioners have established that they are entitled to an order of eviction under section 11 (4)(v) of the Act.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was marked to support the petitioners' claim regarding the arrears of rent.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document was marked to establish the financial transactions related to the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report was used to show the condition of the property and establish the lack of occupancy.
Reference:
Ext.C1
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 Praveen Raj Thaithodan et al vs Sunitha.P.P et al regarding eviction for non-payment of rent
Case Code Year
Case between Praveen Raj Thaithodan et al vs Sunitha.P.P et al regarding eviction for non-payment of rent