Case Summary
The petitioner, CA Koyassan Koya, seeks eviction of the respondents, 1CP Usman Koya and 2C Abdurahiman Kutty, from a shop room originally belonging to his mother. The respondents allegedly defaulted on rent and sublet the property without consent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to vacate the shop room within one month and pay costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition for eviction under Section 11(3) and 11(4)(i) of the Act due to non-payment of rent and unauthorized subletting.
Why Plaintiff Won:
Petitioner proved bonafide need for the property and that the respondents defaulted on rent and sublet without permission.
Petitioner proved bonafide need for the property and that the respondents defaulted on rent and sublet without permission.
Losing Side's Weaknesses:
Petitioner proved bonafide need for the property and that the respondents defaulted on rent and sublet without permission.
Petitioner proved bonafide need for the property and that the respondents defaulted on rent and sublet without permission.
Supporting Evidence
It can be seen that PW1 had given evidence to the effect that petition schedule property was obtained by him as per Exhibit A1 partition deed. Moreover, the evidence required to be established by the tenant to get the initial burden cast on him under the 1st proviso discharged...
Judgment Evidence:
The respondents are directed to put the petitioner in vacant possession of the petition schedule room within one month from today failing which the petitioner can execute the same through process of law known to him.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- CA Koyassan Koya
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 1CP Usman Koya
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- 2C Abdurahiman Kutty
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Certified copy of partition deed No.547/20, Rent agreement dated 01.02.2009, lawyer notice dated 06.02.2021
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri..PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Rajisha O
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Afsal Shareef VP
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents under Section 11(3) and 11(4)(i) of the Act.
Evidence:
The respondents are directed to put the petitioner in vacant possession of the petition schedule room within one month from today failing which the petitioner can execute the same through process of law known to him.
Relief Type:
Eviction
Outcome:
Refused
Description:
Eviction under Section 11(4)(ii) of the Act.
Evidence:
Eviction of the respondents under Section 11(4)(ii) of the Act is disallowed.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Proves the ownership of the petitioner over the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Confirms the lease agreement between the respondents and the petitioner's mother.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demands arrears of rent from the respondents.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Responds to the lawyer notice sent by the petitioner.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Documents the findings of the advocate commissioner regarding the usage of the petition schedule property.
Reference:
Ext.C1
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 CA Koyassan Koya vs 1CP Usman Koya, 2C Abdurahiman Kutty regarding eviction of lease property
Case Code Year
Case between CA Koyassan Koya vs 1CP Usman Koya, 2C Abdurahiman Kutty regarding eviction of lease property