Case Summary
A.Ayyappan filed a petition against Sasikumar for non-payment of rent. The petitioner requires the premises for conducting a tailoring shop.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to put the petitioner in vacant possession of the petition schedule room within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondent to vacate the premises. The petitioner was also granted costs of the proceedings.
Why Plaintiff Won:
The unchallenged evidence proved the case of the petitioner.
The unchallenged evidence proved the case of the petitioner.
Losing Side's Weaknesses:
The unchallenged evidence proved the case of the petitioner.
The unchallenged evidence proved the case of the petitioner.
Supporting Evidence
The plaintiff who was examined as PW1 had deposed in tune with the petition averments. The unchallenged evidence of PW1 coupled with Exts.A1 to A12 proves the case of the petitioner.
Judgment Evidence:
In the result, Rent Control Petition is allowed under Section 11(2)(b) and 11(3) of the Act as follows: 1) Respondent is directed to put the petitioner in vacant possession of the petition schedule room within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.Ayyappan
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sasikumar
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Lease agreement executed between petitioner and respondent, Copy of lawyer notice, Postal Receipt, Acknowledgment card, Reply notice, Licence agreement executed between petitioner and respondent.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.Valsalakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K.M.Musthafa
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- V.G.Neena
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to put the petitioner in vacant possession of the petition schedule room within two months.
Evidence:
In the result, Rent Control Petition is allowed under Section 11(2)(b) and 11(3) of the Act as follows: Respondent is directed to put the petitioner in vacant possession of the petition schedule room within two months from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to recover the costs of the rent control proceedings from the respondent.
Evidence:
Petitioner is also entitled to recover the costs of the rent control proceedings from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document provides the initial rental terms agreed upon by the petitioner and respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice informed the respondent about the outstanding rent and the need for the petitioner to reclaim possession.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms the receipt of the lawyer notice by the respondent.
Reference:
Ext.A4
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This notice contains the respondent's response, although it was characterized by false contentions.
Reference:
Ext.A5
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
This agreement outlines additional business arrangements between the petitioner and respondent.
Reference:
Ext.A6
Document Type:
VAT Registration certificate
Submitted By:
Plaintiff
Relevance:
This document evidences the petitioner's business operations.
Reference:
Ext.A7
Document Type:
Licence agreement
Submitted By:
Plaintiff
Relevance:
This is a subsequent licence agreement executed by the petitioner.
Reference:
Ext.A8
Document Type:
Receipt of licence fee
Submitted By:
Plaintiff
Relevance:
This receipt verifies the payment of licence fees to the local panchayat.
Reference:
Ext.A10
Document Type:
Advertisement notice of shop
Submitted By:
Plaintiff
Relevance:
This notice is intended for publicizing the shop's offerings.
Reference:
Ext.A11
Document Type:
Advertisement notice of shop
Submitted By:
Plaintiff
Relevance:
This is another notice for advertising purposes related to the shop.
Reference:
Ext.A12
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provided factual findings relevant to the case.
Reference:
Ext.C1
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
This sketch illustrates the property's layout relevant to the occupancy dispute.
Reference:
Ext.C1(a)
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 A.Ayyappan vs Sasikumar regarding Rent Control Petition
Case Code Year
Case between A.Ayyappan vs Sasikumar regarding Rent Control Petition