Case Summary
Abdul Shukkoor Chenath filed a petition for directing the respondents to hand over possession of a rented room due to non-payment of rent. The respondents did not appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to hand over vacant possession of the petition schedule room and pay costs.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondents to hand over possession of the rented room to the petitioner within two months.
Why Plaintiff Won:
The unchallenged evidence established the petitioner's case as the respondents did not appear.
The unchallenged evidence established the petitioner's case as the respondents did not appear.
Losing Side's Weaknesses:
The unchallenged evidence established the petitioner's case as the respondents did not appear.
The unchallenged evidence established the petitioner's case as the respondents did not appear.
Supporting Evidence
Since the respondent didn't appear and challenge the petition, the unchallenged evidence of PW1 and documents marked fully establishes the case of petitioner.
Judgment Evidence:
In the result, Rent Control Petition is allowed under Section 11(2)(b) of the Act as follows: - 1.The respondents are hereby directed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within 2 months from this day.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Shukkoor Chenath
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Desvutrip Travel Solutions LLP
- Relation
- Rep by its Managing Director
- Party Role
- Defendant
- Party Name
- Abdul Rasheed
- Relation
- S/o
Plaintiffs Documents
Rent agreement dated 23-12-2020, Copy of lawyer notice dated 10-09-2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondents are directed to hand over vacant possession of the petition schedule room to the petitioner.
Evidence:
The respondents are hereby directed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within 2 months from this day.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is allowed to realise the entire costs of the petition from the respondents and their assets.
Evidence:
The petitioner is allowed to realise the entire costs of the petition from the respondents and their assets.
Relief Type:
Other
Outcome:
Granted
Description:
Respondents can vacate the order on deposit of the arrears of rent with interest and costs within 60 days.
Evidence:
Respondents can vacate the above order under Section 11(2)(c) of the Act, on deposit of the arrears of rent with 6% interest from the date of Ext A2 notice and costs of the proceedings within 60 days.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Executed between the petitioner and the 2nd respondent stipulating the terms and conditions of the lease.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued by the petitioner demanding payment of arrears of rent.
Reference:
Ext.A2 series
Document Type:
Returned notice with cover
Submitted By:
Plaintiff
Relevance:
Document detailing the returned postal notice sent to the respondents.
Reference:
Ext.A3 series
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
R.C.P
Case Code Year
2022