Case Summary
The petitioners, 1KM Ahamed koya and 2KM Muhammed Iqubal, are seeking eviction of the respondent, G Ramakrishnan, for non-payment of rent. The court found that the respondent failed to comply with a prior order to pay arrears.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Case Type
Rent Control Petition
Final Judgment
No
The court issued an eviction order against the respondent for failure to comply with payment of arrears as stated in a previous order. The respondent is required to vacate the premises.
Why Plaintiff Won:
The respondent failed to show sufficient cause for non-compliance with the order to pay arrears of rent.
The respondent failed to show sufficient cause for non-compliance with the order to pay arrears of rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The respondent had failed to comply with the order in IA 6/25. More than one month is elapsed after the passing of the order in IA 6/25. No sufficient cause is shown as to why the respondent did not pay the arrears of rent as per order in IA 6/25.
Judgment Evidence:
In view of the above dictum laid, I am of the view that the respondent is liable to suffer consequence under Section 12(3) of the Act. Hence, an order is passed under Section 12(3) of the Act wherein all the further proceedings in the RCP is stopped. The respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- 1KM Ahamed koya
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- 2KM Muhammed Iqubal
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- G Ramakrishnan
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Ahammed Koya
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Noorjahan CV
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. KS Vivek
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Evidence:
Hence, an order is passed under Section 12(3) of the Act wherein all the further proceedings in the RCP is stopped. The respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Relief Type:
Recovery
Outcome:
Refused
Description:
The petitioners sought eviction of the respondent under Section 11(2)(b) of Kerala Building (Lease and Rent Control)BLRC Act.
Evidence:
The RCP is filed by the petitioners seeking eviction of the respondent under Section 11(2)(b) of Kerala Building (Lease and Rent Control)BLRC Act.
Documents & Evidence
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Case Code
Case between 1KM Ahamed koya et al vs G Ramakrishnan regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between 1KM Ahamed koya et al vs G Ramakrishnan regarding eviction under Kerala Buildings (Lease and Rent Control) Act