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RENT CONTROL PETITION NO. 32 OF 2016

Case between Sakkariya vs Abdullakkutty regarding rent arrears and eviction

Court
Court of the Munsiff of Tirur
Judge
Smt. NIMMI.K.K.
Order Date
2018-10-31
Duration
Approximately 2 years 3 months
Case Closed
Wed, 10/31/2018 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioner filed a petition under Kerala Building Lease And Rent Control Act seeking eviction of the respondent due to rent arrears and subletting of the property.

Judgment Outcome

Plaintiff Won
Interim Order
The court ordered the respondent to vacate the property within 2 months, pay rent arrears with interest, and bear the costs of the petition.
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent and payment of rent arrears with interest
Case Type
Rent Control Petition
Final Judgment
No
The court ordered the respondent to vacate the property within 2 months, pay rent arrears with interest, and bear the costs of the petition.
Why Plaintiff Won:
The petitioner successfully proved the rent arrears and that the respondent sublet the property to third parties, violating the terms of the agreement.
Losing Side's Weaknesses:
The petitioner successfully proved the rent arrears and that the respondent sublet the property to third parties, violating the terms of the agreement.
Supporting Evidence
Point No. 1: ... the plaintiff is entitled to get for an order of eviction u/s 11(2)(b) of The Kerala Building (Lease and Rent Control) Act,1965.

Judgment Evidence:

Point No. 5: In the view of the aforesaid discussions,i hold a view that the petitioner is entitled for an order u/s 11(2)(b) and 11(4)(i) of the Kerala Building (Lease and Rent Control)Act,1965 and he is not entitled for an order u/s 11(3) and 11(4)(iii) of the Kerala Building (Lease and Rent Control)Act, 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Sakkariya
Party Age
47
Relation
Son of Dr. Ahammed
Party Role
Defendant
Party Name
Abdullakkutty
Party Age
48
Relation
Son of Muhammedkutty
Plaintiffs Documents
Rent Agreement dated 12-6-2007, Copy of Lawyer Notice dated 18-11-2015, Acknowledgment card, Copy of Property Tax Assessment Register, Sakshya Pathram, Electricity Bill History
Defendants Documents
Certified copies of various documents, Rent Receipt, Identity Card, Registration Certificate, Licence documents, Labour Tax Receipts, Telephone Bill

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction of respondent and payment of rent arrears with interest
Evidence:
The petitioner successfully proved the rent arrears and that the respondent sublet the property to third parties, violating the terms of the agreement.

Documents & Evidence

Document Type: Rent Agreement
Submitted By: Plaintiff
Relevance:
Established terms of the rental agreement.
Reference:
A1
Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
Notice regarding rent arrears and eviction.
Reference:
A2
Document Type: Rent Receipt
Submitted By: Defendant
Relevance:
Evidence of rental payments.
Reference:
B7
Document Type: Commission Report
Submitted By: Court
Relevance:
Report on subletting of property.
Reference:
C1, C3

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 Sakkariya vs Abdullakkutty regarding rent arrears and eviction
Case Code Year
Case between Sakkariya vs Abdullakkutty regarding rent arrears and eviction

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 10/26/2016 - 12:00
Case Closed
Wed, 10/31/2018 - 12:00
From
Mon, 10/01/2018 - 12:00
To
Wed, 10/31/2018 - 12:00
Outcome Confidence
90%

Involved Entities

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