Case Summary
The petitioners, Cheriyakkatt Abdul Gafoor and Muhammed Ashraf, filed a petition against the respondent, Jubeena, for eviction from a shop room due to non-payment of rent. The respondent was declared ex parte as she did not file a counter.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to hand over vacant possession of the petition schedule room to the petitioners within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondent to hand over vacant possession of the shop room to the petitioners within one month.
Why Plaintiff Won:
The petitioners proved their case through unchallenged evidence and complied with legal requirements.
The petitioners proved their case through unchallenged evidence and complied with legal requirements.
Losing Side's Weaknesses:
The petitioners proved their case through unchallenged evidence and complied with legal requirements.
The petitioners proved their case through unchallenged evidence and complied with legal requirements.
Supporting Evidence
The unchallenged evidence shows that the petitioners had proved their case and thus they are entitled to get the eviction of respondent from petition schedule shop room.
Judgment Evidence:
In the result, petition is allowed as follows: 1.The respondent is hereby directed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within one month from this day.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Cheriyakkatt Abdul Gafoor
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Ashraf
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Jubeena
- Party Age
- 31
- Relation
- D/o
Plaintiffs Documents
Agreement dated 01-04-2016, Agreement dated 20-05-2019, Lawyer notice dated 24-11-2023, Track delivery report dated 25-11-2023.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Raghunandanan.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Rames.D
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to hand over vacant possession of the petition schedule room to the petitioner
Evidence:
The respondent is hereby directed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within one month from this day.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are allowed to realise the entire costs of the petition from the respondent and her assets
Evidence:
The petitioners are allowed to realise the entire costs of the petition from the respondent and her assets.
Relief Type:
Other
Outcome:
Granted
Description:
The respondent can vacate the order by payment of arrears of rent with interest and cost of the proceedings
Evidence:
The respondent can vacate the order under Section 11(2)(c) by payment of arrears of rent with interest and cost of the proceedings within one month from today.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement executed between petitioners and respondent
Reference:
Ext.A1
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
Original agreement executed between petitioners and respondent
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice issued demanding arrears of rent
Reference:
Ext.A3 series
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt for the lawyer notice sent to the respondent
Reference:
Ext.A3(a)
Document Type:
Track Delivery Report
Submitted By:
Plaintiff
Relevance:
Copy of track delivery report showing that the Ext.A3 notice is delivered to the respondent
Reference:
Ext.A4
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
R.C.P
Case Code Year
2024