Case Summary
C.K. Yusaf, along with his son Ashfak, has filed a petition against K.T. Jayan for eviction from a shop room due to non-payment of arrears. The petitioners argue that there is a bona fide need for the shop room for the second petitioner's poultry farm.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to put the petitioners in possession of the petition schedule shed within one month from the date of this order.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition for eviction against K.T. Jayan, ordering him to vacate the shop room and hand over possession to the petitioners.
Why Plaintiff Won:
The petitioner demonstrated a bona fide need for the shop room and established that the respondent has defaulted on rent payments.
The petitioner demonstrated a bona fide need for the shop room and established that the respondent has defaulted on rent payments.
Losing Side's Weaknesses:
The petitioner demonstrated a bona fide need for the shop room and established that the respondent has defaulted on rent payments.
The petitioner demonstrated a bona fide need for the shop room and established that the respondent has defaulted on rent payments.
Supporting Evidence
The first petitioner who was examined as PW1 deposed in tune with the petition averments. His oral evidence stands unchallenged. The evidence of PW1 goes to show that the need put forth by the petitioner is a bonafide one and he has no other vacant suitable buildings available in his possession for bonafide need.
Judgment Evidence:
In the result, petition is allowed under S.11(2)(b) and S.11(3) of the Act as follows: Respondent is directed to put the petitioners in possession of the petition schedule shed within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.K. Yusaf
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Ashfak
- Party Age
- 38
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.T. Jayan
- Party Age
- 64
- Relation
- S/o
Plaintiffs Documents
Copy of Cooli Kychit agreement entered into between Yusaf and Jayan, Lawyer notice sent by Adv. Rasheed Puthan Purayil to K.T. Jayan, Reply to lawyer notice issued by Adv. M.G. Asokan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.T. Sivanandan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Sreenesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent is directed to put the petitioners in possession of the petition schedule shed.
Evidence:
the petitioners are entitled to get an order of eviction as sought for.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
The order of eviction shall not be executed until the expiry of one month from the date of this order.
Evidence:
The order of eviction passed under Section 11(2)(b) of the Act shall not be executed until the expiry of one month from the date of this order.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners are entitled to realise the costs of the petition from the respondent.
Evidence:
Petitioners are entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Cooli Kychit agreement
Submitted By:
Plaintiff
Relevance:
Copy of the lease agreement entered into between Yusaf and Jayan for the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Lawyer notice sent by Adv. Rasheed Puthan Purayil demanding rent arrears from K.T. Jayan.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the lawyer notice sent.
Reference:
Ext.A2(a)
Document Type:
Reply to lawyer notice
Submitted By:
Plaintiff
Relevance:
Reply from K.T. Jayan's attorney to the lawyer notice issued to him.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report submitted by Adv. Alaka Sarangi.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
Commission plan submitted by Adv. Alaka Sarangi.
Reference:
Ext.C1(a)
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 C.K. Yusaf et al vs K.T. Jayan regarding eviction of tenant
Case Code Year
Case between C.K. Yusaf et al vs K.T. Jayan regarding eviction of tenant