Case Summary
C.Vasu and others petitioned for eviction of the respondent Jobish.C from their property. The petitioners acted after the respondent did not vacate the property as agreed.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to surrender vacant possession of the property within two months, failing which the petitioners can execute the same through legal process.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises within two months, and the petitioners were entitled to recover costs from the respondent.
Why Plaintiff Won:
The unchallenged evidence of PW1 and exhibits proved the petitioners' entitlement to eviction.
The unchallenged evidence of PW1 and exhibits proved the petitioners' entitlement to eviction.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 and exhibits proved the petitioners' entitlement to eviction.
The unchallenged evidence of PW1 and exhibits proved the petitioners' entitlement to eviction.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A30 and C1 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) & 11(3) of KBLRC Act as follows: 1That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioners within a period of two months from today failing which the petitioners can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- C.Vasu
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Gopika Radhakrishnan
- Party Age
- 42
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Pradeesh
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Radhika Sreejith
- Party Age
- 45
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Jobish.C
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Jenmam sale deed No.924/1/2017, Power of attorney executed by Gopika Radhakrishnan and others, Building permit No.TP 11/1844/2022 issued by Kozhikode Corporation.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. N.V.P.Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction order directed to the respondent.
Evidence:
The unchallenged evidence of PW1 and Exts. A1 to A30 and C1 would show that the petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners entitled to recover costs from the respondent.
Evidence:
The petitioners are entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Jenmam sale deed
Submitted By:
Plaintiff
Relevance:
Document supporting the claim of ownership of the petition schedule property.
Reference:
Ext.A1
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Document evidencing the prior transfer of ownership relevant to the property.
Reference:
Ext.A2
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Document evidencing further transfer of ownership relevant to the property.
Reference:
Ext.A3
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Authority granted to the petitioner for actions related to the property.
Reference:
Ext.A4
Document Type:
Building Permit
Submitted By:
Plaintiff
Relevance:
Permit issued to construct a building on the property.
Reference:
Ext.A5
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Relevant legal document filed in a related rent control petition.
Reference:
Ext.A6
Document Type:
Copy of Order
Submitted By:
Plaintiff
Relevance:
Related order from a previous rent control case.
Reference:
Ext.A7
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent regarding the issues at hand.
Reference:
Ext.A8
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Document filed in another related rent control petition.
Reference:
Ext.A9
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order from a related rent control petition.
Reference:
Ext.A10
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent to the respondent.
Reference:
Ext.A11
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Related petition document filed in a previous case.
Reference:
Ext.A12
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order from a previously filed petition.
Reference:
Ext.A13
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to a relevant party.
Reference:
Ext.A14
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Legal petition document for a related case.
Reference:
Ext.A15
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Judgment from a related rent control petition.
Reference:
Ext.A16
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to another party involved.
Reference:
Ext.A17
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Document from a previous related case.
Reference:
Ext.A18
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order from prior litigation.
Reference:
Ext.A19
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notification to a party regarding the case.
Reference:
Ext.A20
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Relevant petition from another case.
Reference:
Ext.A21
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Prior order related to the tenant.
Reference:
Ext.A22
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice regarding the case sent to the tenant.
Reference:
Ext.A23
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Document evidencing a related case.
Reference:
Ext.A24
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order from a previous similar case.
Reference:
Ext.A25
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notification sent to relevant parties about the case.
Reference:
Ext.A26
Document Type:
Certified copy of Petition
Submitted By:
Plaintiff
Relevance:
Petition document related to another case.
Reference:
Ext.A27
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Order from a related rent control case.
Reference:
Ext.A28
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to parties involved.
Reference:
Ext.A29
Document Type:
Income Tax Return Acknowledgment
Submitted By:
Plaintiff
Relevance:
Document related to the financial status of the petitioners.
Reference:
Ext.A30
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Court's evidence related to the case.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between C.Vasu vs Jobish.C regarding eviction from rented property
Case Code Year
Case between C.Vasu vs Jobish.C regarding eviction from rented property