Case Summary
Dr. Rojan Kuruvilla filed a petition against Sri. Abdul Shabeer Vakkath regarding unpaid rent and a request for possession of a residential apartment. The petitioner claims the tenant failed to pay rent and maintenance charges as per their agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to surrender vacant possession of the apartment within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition directing the respondent to vacate the apartment and pay the cost of proceedings to the petitioner.
Why Plaintiff Won:
The evidence presented by the petitioner was unchallenged and demonstrated the need for possession.
The evidence presented by the petitioner was unchallenged and demonstrated the need for possession.
Losing Side's Weaknesses:
The evidence presented by the petitioner was unchallenged and demonstrated the need for possession.
The evidence presented by the petitioner was unchallenged and demonstrated the need for possession.
Supporting Evidence
The evidence of PW1 coupled with Ext.A1 remains unchallenged. Hence, the petitioner is entitled to get a relief as sought for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act as follows:- 1) That the respondent is directed to surrender vacant possession of the petition schedule room within one month from today...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. Rojan Kuruvilla. P.
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri. Abdul Shabeer Vakkath
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice dated 17.12.2024, Postal receipt
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kum. Anugraha. K. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to surrender vacant possession of the petition schedule room within one month.
Evidence:
Hence, the petitioner is entitled to get a relief as sought for.
Relief Type:
Other
Outcome:
Granted
Description:
The respondent shall pay the cost of the proceedings to the petitioner.
Evidence:
The respondent shall pay the cost of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to demonstrate the petitioner's demand for rent and maintenance arrears and the request for vacant possession.
Reference:
Ext.A1
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 Dr. Rojan Kuruvilla. P. vs Sri. Abdul Shabeer Vakkath regarding tenancy dispute
Case Code Year
Case between Dr. Rojan Kuruvilla. P. vs Sri. Abdul Shabeer Vakkath regarding tenancy dispute