Case Summary
Chitrayil Ayishabi filed a rent control petition against Badarsha and P.V. Hajis seeking eviction due to non-payment of rent. The petitioner requires the leased room for her son's business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the leased room and recovery of due rent.
Case Type
Rent Control
Final Judgment
No
The petition was allowed, directing the respondents to vacate the leased room. They are required to pay the overdue rent with interest to avoid eviction.
Why Plaintiff Won:
The petitioner demonstrated that the respondents had not paid the agreed rent for an extended period and had valid reasons for needing the property.
The petitioner demonstrated that the respondents had not paid the agreed rent for an extended period and had valid reasons for needing the property.
Losing Side's Weaknesses:
The petitioner demonstrated that the respondents had not paid the agreed rent for an extended period and had valid reasons for needing the property.
The petitioner demonstrated that the respondents had not paid the agreed rent for an extended period and had valid reasons for needing the property.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the petition. He deposed that respondents kept the rent in arrears. The petition schedule room is required for her son to start business. Therefore, the respondents are bound to vacate the petition schedule room.
Judgment Evidence:
The petitions are allowed u/s.11(2)(b), and 11(3) of the Act. The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Chitrayil Ayishabi
- Party Age
- 72
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Badarsha
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- P.V. Hajis
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Original Rent Kachiet executed between petitioner and respondent, Copy of Lawyer Notice, Postal Receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Anil Viswanath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondents are directed to surrender vacant possession of the room.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Damages
Outcome:
Granted
Description:
Order for respondents to pay arrears of rent along with interest.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.1500/-...both inclusive with interest at the rate of 6% per annum and costs of this proceedings within one month from today...
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to get costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Original Rent Kachiet
Submitted By:
Plaintiff
Relevance:
Executed between petitioner and respondent regarding the lease of the petition schedule room.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent to the respondents in relation to the enhancement of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Served as proof of the lawyer notice sent to the respondents.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Served as proof of acknowledgment of the lawyer notice.
Reference:
Ext.A2(b)
Case Classification
Case Type
Rent Control
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 Chitrayil Ayishabi vs Badarsha et al regarding Rent Control
Case Code Year
Case between Chitrayil Ayishabi vs Badarsha et al regarding Rent Control