Case Summary
Chennikkattu Alikkoya filed a petition seeking eviction of Kuttiyeriyakath Muhammed and others due to non-payment of rent arrears since December 1990. The petitioner claims a need for the shop for starting a stationery business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to surrender vacant possession of the shop room and pay costs.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed based on non-payment of rent arrears. The respondents were directed to vacate the shop room within one month.
Why Plaintiff Won:
The petitioner's need for the property was established as bonafide and non-payment of rent was confirmed.
The petitioner's need for the property was established as bonafide and non-payment of rent was confirmed.
Losing Side's Weaknesses:
The petitioner's need for the property was established as bonafide and non-payment of rent was confirmed.
The petitioner's need for the property was established as bonafide and non-payment of rent was confirmed.
Supporting Evidence
It was found that the denial of title of the petitioner is not bonafide, and the petitioner proved his need for the shop room.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act. That the respondents are directed to surrender vacant possession of the petition schedule shop room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chennikkattu Alikkoya
- Party Age
- 74
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Kuttiyeriyakath Muhammed
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abdul Azeez.K.P
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jaffar.K.P
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ayoob.K.P
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Safiya.K.P
- Relation
- D/o
Plaintiffs Documents
Coolie kychit dated 01.11.1989, Lawyer notice dated 03.01.2017.
Defendants Documents
Certified copy of Janmam assignment Deed No.2000/2094 of SRO, Meenchanda, Licensed issued from Kozhikode Municipal Corporation.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.S.Ramalingam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Premdeep Mahesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the petition schedule shop room.
Evidence:
The petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to get the costs of the petition from the respondents.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Coolie Kychit
Submitted By:
Plaintiff
Relevance:
Proves the rental agreement and relationship between the petitioner and the original owner.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates the petitioner's attempt to notify the respondent about the arrears of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Serves as proof of sending the lawyer notice to the respondent.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the lawyer notice by the respondent.
Reference:
Ext.A2(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Shows the respondent's response to the lawyer notice sent by the petitioner.
Reference:
Ext.A3
Document Type:
S.S.L.C Book
Submitted By:
Plaintiff
Relevance:
Serves as identification proof for the petitioner.
Reference:
Ext.A4
Document Type:
Coolie Kychit
Submitted By:
Plaintiff
Relevance:
Further supports the petitioner's claim regarding ownership.
Reference:
Ext.A5
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Defendant
Relevance:
Demonstrates the legal status of the property as claimed by the respondent.
Reference:
Ext.B1
Document Type:
Licence
Submitted By:
Defendant
Relevance:
Indicates the respondent's business operations in the petition schedule property.
Reference:
Ext.B2
Document Type:
Receipt from Meithra Hospital
Submitted By:
Defendant
Relevance:
Unclear relevance but mentioned in the context of evidence.
Reference:
Ext.B3
Document Type:
Profession Tax Receipt
Submitted By:
Defendant
Relevance:
Supports respondent's claims of conducting business.
Reference:
Ext.B4
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Further establishes the respondent's connection to the property.
Reference:
Ext.B5
Document Type:
Building Tax Receipt
Submitted By:
Defendant
Relevance:
Continues to prove the respondent's ties to the property.
Reference:
Ext.B6
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Shows the utility connection under the respondent's name.
Reference:
Ext.B7
Document Type:
Copy of ration card
Submitted By:
Defendant
Relevance:
Identification for the respondent but unclear relevance.
Reference:
Ext.B8
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Proof of continued utility usage by the respondent.
Reference:
Ext.B9
Document Type:
Electricity Bill Receipt
Submitted By:
Defendant
Relevance:
Further proof of utility use relevant to the respondent's claims.
Reference:
Ext.B10
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
Case between Chennikkattu Alikkoya vs Kuttiyeriyakath Muhammed et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Chennikkattu Alikkoya vs Kuttiyeriyakath Muhammed et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act