Case Summary
Abdul Nazar Haji, the petitioner, is seeking eviction of M.K.Rajendran, the respondent, who has not paid the rent for a leased property. The petitioner claims a need for the property to start a hotel business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondent and payment of rent arrears with interest.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, ordering the respondent to vacate the premises within one month and pay outstanding rent with interest.
Why Plaintiff Won:
The court found the petitioner's need for the premises genuine and evidence established the respondent's rent arrears.
The court found the petitioner's need for the premises genuine and evidence established the respondent's rent arrears.
Losing Side's Weaknesses:
The court found the petitioner's need for the premises genuine and evidence established the respondent's rent arrears.
The court found the petitioner's need for the premises genuine and evidence established the respondent's rent arrears.
Supporting Evidence
His evidence is unchallenged, I find no reason to discard his evidence. Hence these points are found in favour of the petitioner.
Judgment Evidence:
In the result, 1) The petition is allowed u/s.11(2)(b) and 11(3) of the Act. 2) The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Nazar Haji
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.K.Rajendran
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Original Rent agreement, Original Lawyer notice, Copy of Lawyer notice, Postal receipt, Lawyer notice
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.K.Ramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.D.Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to surrender vacant possession of the room.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is required to pay rent arrears along with interest.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.30,888/- from 1.9.2021 till 01.03.2021 with interest at the rate of 6% per annum and costs of this proceedings within one month from today, Order u/s.11(2)(b) will be vacated.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the lease agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Original Lawyer notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to inform the respondent about the outstanding rent.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of a notice sent regarding the rent arrears.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the prior notice.
Reference:
Ext.A3(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms that the notice was received by the respondent.
Reference:
Ext.A3(b)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is another copy of a notice sent regarding the rent arrears.
Reference:
Ext.A4
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt serves as proof of sending the prior notice.
Reference:
Ext.A4(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms that the notice was received by the respondent.
Reference:
Ext.A4(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice pertains to further demands for the payment of rent.
Reference:
Ext.A5
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 Abdul Nazar Haji vs M.K.Rajendran regarding eviction and rent arrears
Case Code Year
Case between Abdul Nazar Haji vs M.K.Rajendran regarding eviction and rent arrears