Case Summary
The case involves C.Jayaraj Panicker and O.V.Shylaja, who are seeking eviction of M.P.Mujeeb Rahman for non-payment of rent. The petitioners claim significant arrears and need the property for their son's business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule property within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to non-payment of rent and bonafide need of the petitioners. The respondent must surrender the property within two months.
Why Plaintiff Won:
Petitioners proved the existence of arrears of rent and bonafide need for the premises.
Petitioners proved the existence of arrears of rent and bonafide need for the premises.
Losing Side's Weaknesses:
Petitioners proved the existence of arrears of rent and bonafide need for the premises.
Petitioners proved the existence of arrears of rent and bonafide need for the premises.
Supporting Evidence
The evidence of RW1 would show that he had never preferred an application before the corporation and the signature seen in it does not belongs to him. Moreover, Exts.A10 and A11 were produced from the side of PW1. On perusal, it can be seen that the electricity connection in the petition schedule premises was earlier in the name of one Sreenivasan and later it was transferred in the name of the petitioner.
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. 1) The respondent is directed to surrender the vacant possession of petition schedule property within a period of two months from today failing which the petitioners can get the order executed through the process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.Jayaraj Panicker
- Party Age
- 63
- Relation
- S/o.Late Appu Nair
- Party Role
- Plaintiff
- Party Name
- O.V.Shylaja
- Party Age
- 51
- Relation
- W/o.C.Jayaraj Panicker
- Party Role
- Defendant
- Party Name
- M.P.Mujeeb Rahman
- Party Age
- 38
- Relation
- S/o.Kunahammad
Plaintiffs Documents
Lease Deed executed between Petitioner and Respondent, Copy of Lawyer notice, Certified copy Janmam assignment Deed No.715/03 executed by A.Sreenivasan in favour of the petitioners.
Defendants Documents
Original settle adangal issued by the village officer, Kasaba, Survey sketch issued by village Officer, Kasaba.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.Sreenath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.Raj Mohan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners are granted eviction of the respondent from the petition schedule property.
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:
The petitioners are entitled to get the costs of the petition from the respondent.
Evidence:
the petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The document establishes the landlord-tenant relationship and terms of lease.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document serves as evidence of the demand for payment of rent arrears.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The document further evidences the request for payment of arrears.
Reference:
Ext.A3
Document Type:
Certified Copy of Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
This document confirms the ownership of the property by the petitioners.
Reference:
Ext.A8
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
The report includes plans related to the property in question.
Reference:
Ext.C1
Document Type:
Surveyors Sketch
Submitted By:
Court
Relevance:
This sketch provides additional context for the property layout.
Reference:
Ext.C1(a)
Document Type:
Original Settle Adangal
Submitted By:
Defendant
Relevance:
This document was used to support the respondent's claims regarding the property.
Reference:
Ext.B1
Document Type:
Survey Sketch
Submitted By:
Defendant
Relevance:
The document is introduced to outline respondent's claims related to the property.
Reference:
Ext.B2
Document Type:
Application for licence with connected Documents
Submitted By:
Court
Relevance:
This application is referenced to establish the respondent's use of the property for business.
Reference:
Ext.X1
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 C.Jayaraj Panicker et al vs M.P.Mujeeb Rahman regarding eviction and rent arrears
Case Code Year
Case between C.Jayaraj Panicker et al vs M.P.Mujeeb Rahman regarding eviction and rent arrears