Case Summary
This case involves a petition filed by the heirs of Assan Koya for eviction of Subaida and others due to non-payment of rent. The petitioners assert a bonafide need for the property for their own business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents and costs of the proceedings.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was granted, and the respondents must vacate the property within one month. They are also ordered to pay the costs of the proceedings.
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for the property and valid reasons for eviction.
The petitioners demonstrated a bonafide need for the property and valid reasons for eviction.
Losing Side's Weaknesses:
The petitioners demonstrated a bonafide need for the property and valid reasons for eviction.
The petitioners demonstrated a bonafide need for the property and valid reasons for eviction.
Supporting Evidence
Heard the learned counsel for the petitioner. The evidence of PW1 coupled with Exts.A1, A2, C1, C1(a) remains unchallenged. Hence, the petitioner is entitled to get a relief as sought for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3), 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act as follows: 1) That the respondents are directed to surrender vacant possession of the petition schedule shop room within one month from today, failing which the petitioner can execute the same through process of law. 2) The respondents shall pay the cost of the proceedings to the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Assan Koya
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Seenath
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Hassan.P
- Party Age
- 40
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muneer Hassan.P
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mubeena.P
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Subaida
- Party Age
- 62
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- S.V. Sabira
- Party Age
- 40
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- S.V.Riyas
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- S V. Rubina
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- S V Risana
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Coolikychit No/1206/82 of SRO, Meenchantha, Copy of Lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Sunil Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.C.Balachandran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondents are directed to surrender vacant possession of the petition schedule shop room.
Evidence:
In the result, this petition is allowed under Section 11(3), 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act as follows:- 1)That the respondents are directed to surrender vacant possession of the petition schedule shop room within one month from today.
Relief Type:
Cost of proceedings
Outcome:
Granted
Description:
Respondents shall pay the cost of the proceedings to the petitioner.
Evidence:
2) The respondents shall pay the cost of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Coolikychit
Submitted By:
Plaintiff
Relevance:
Evidence to support the ownership and tenancy relationship.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documentation of the demand for arrears of rent.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings relevant to the petition.
Reference:
Ext.C1
Document Type:
Plan
Submitted By:
Court
Relevance:
Visual evidence supporting the layout and situation of the shop room.
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
Arrears of Rent
Case Code
Case between Assan Koya et al vs Subaida et al regarding eviction and rent arrears
Case Code Year
Case between Assan Koya et al vs Subaida et al regarding eviction and rent arrears