Case Summary
The petitioner, Cheriya Arakkal Subaida, filed a petition against Valiyakath Abdu regarding unpaid rent for a property. The respondent has not paid the rent arrears since April 2022, prompting the petitioner to seek eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the property and costs of the petition to be paid.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction and ordered the respondent to surrender possession of the property within two months.
Why Plaintiff Won:
The unchallenged evidence of the petitioner and the exhibits presented supported the case for eviction.
The unchallenged evidence of the petitioner and the exhibits presented supported the case for eviction.
Losing Side's Weaknesses:
The unchallenged evidence of the petitioner and the exhibits presented supported the case for eviction.
The unchallenged evidence of the petitioner and the exhibits presented supported the case for eviction.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 and A2 would show that the petitioner is entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) of KBLRC Act as follows: The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioner can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cheriya Arakkal Subaida
- Party Age
- 71
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Valiyakath Abdu
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Copy of Lease agreement, Copy of lawyer notice with acknowledgment card and postal receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PS Ramalingam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition scheduled premises.
Evidence:
In the result, this petition is allowed under Section 11(2)(b) of KBLRC Act as follows: The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioner can execute the same through process known to law.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to realize the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document is a copy of the lease agreement which supports the petitioner's claim regarding the tenancy.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of the lawyer notice sent to the respondent regarding the rent arrears.
Reference:
Ext.A2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Cheriya Arakkal Subaida vs Valiyakath Abdu regarding rent arrears and eviction.
Case Code Year
Case between Cheriya Arakkal Subaida vs Valiyakath Abdu regarding rent arrears and eviction.