Case Summary
A.M.Kunjahammed Koya seeks eviction of Nabin Khader and Noul Khader for non-payment of rent. The respondents argue they are licensees and not tenants.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The court ruled that the relationship between the petitioner and respondents is that of licensee and licensor, not landlord and tenant. Therefore, the eviction petition was dismissed.
Key Reasoning:
The petitioner failed to establish that the respondents were tenants.
The petitioner failed to establish that the respondents were tenants.
Why Defendant Won:
The petitioner failed to establish that the respondents were tenants.
The petitioner failed to establish that the respondents were tenants.
Supporting Evidence
The petitioner has failed to demonstrate that the respondents hold the status of tenant under him.
Judgment Evidence:
In the result, RCP is dismissed. No costs.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- A.M.Kunjahammed Koya
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nabin Khader
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noul Khader
- Party Age
- 27
- Relation
- S/o
Plaintiffs Documents
Copy of license agreement entered in to between Kunhammed Koya and Nabil Khader, Copy of lawyer notice sent by Adv.P.Krishnakumar in the name of Nabil Khader and another with postal receipt and acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.Krishnakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.V.Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Jyothi.R
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Rejected
Description:
The petitioner sought eviction of the respondents from the premises.
Evidence:
Considering the factual matrix, I find this a fit case to deviate from the normal rule that the costs shall follow the event.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document outlined the terms of the agreement between the petitioner and the respondents regarding the use of the premises.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the petitioner to inform the respondents of their status concerning the premises.
Reference:
Ext.A2
Document Type:
Returned lawyer notice
Submitted By:
Plaintiff
Relevance:
This document evidences that the notice sent to the respondents was returned.
Reference:
Ext.A3
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
This deed establishes the ownership of the premises by the petitioner.
Reference:
Ext.A4
Document Type:
Account Statement
Submitted By:
Plaintiff
Relevance:
This document provides evidence of the financial transactions involving the petitioner.
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
Case Code
Case between A.M.Kunjahammed Koya vs Nabin Khader et al regarding landlord-tenant relationship and eviction
Case Code Year
Case between A.M.Kunjahammed Koya vs Nabin Khader et al regarding landlord-tenant relationship and eviction