Case Summary
Abdul Nazar, the petitioner, is seeking to evict the respondents, M/S. Agricultural Improvement Co-Operative Society No:3015 and others, for non-payment of license fees for shop rooms. The respondents were in possession under a license agreement but have failed to pay their dues since 2023.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court dismissed the rent control petition due to the finding that the arrangement constituted a license rather than a lease, making the petition not maintainable against the licensee.
Key Reasoning:
The court determined that the arrangement was a simple license agreement and therefore not subject to rent control provisions.
The court determined that the arrangement was a simple license agreement and therefore not subject to rent control provisions.
Why Defendant Won:
The court determined that the arrangement was a simple license agreement and therefore not subject to rent control provisions.
The court determined that the arrangement was a simple license agreement and therefore not subject to rent control provisions.
Supporting Evidence
The court is of the view that the intention of the parties has to be considered only if there is any ambiguity in Ext.A1. Here Ext.A1 apparently shows that it is a simple license agreement.
Judgment Evidence:
In the result, RCP dismissed with costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Nazar
- Party Age
- 55
- Relation
- S/o.
- Party Role
- Plaintiff
- Party Name
- Fahad Abdul Nasar
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- M/S. Agricultural Improvement Co-Operative Society No:3015
- Relation
- Represented by Secretary
- Party Role
- Defendant
- Party Name
- Shabin K.
- Party Age
- 36
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Benni T. Joseph
- Party Age
- 58
- Relation
- President
Plaintiffs Documents
Licence agreement entered into between Abdul Nazar and Shabin K., Copy of Lawyer notice issued by Shahl K. to Agriculture Improvement Co-Operative Society and others.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Shahl K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
The petitioner sought eviction of the respondents for non-payment of license fees.
Evidence:
Hence a rent control petition is not maintainable against the licensee in occupation.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The document serves as the basis of the rental arrangement between the petitioner and respondents.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondents requesting payment for the arrears of license fee.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Shows proof of sending the notice to the respondents.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Shows proof of sending the notice to the respondents.
Reference:
Ext.A3(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Shows proof of sending the notice to the respondents.
Reference:
Ext.A3(b)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the notice by the respondents.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the notice by the respondents.
Reference:
Ext.A4(a)
Document Type:
Track Consignment of Items
Submitted By:
Plaintiff
Relevance:
Provides details on the postal tracking of the notice sent.
Reference:
Ext.A5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Abdul Nazar vs M/S. Agricultural Improvement Co-Operative Society No:3015 et al regarding rent control petition.
Case Code Year
Case between Abdul Nazar vs M/S. Agricultural Improvement Co-Operative Society No:3015 et al regarding rent control petition.