Case Summary
Drishya, the petitioner, seeks eviction of the respondent, Pilakkal Shan Thahar, from a shop room based on unauthorized subletting. The petitioner alleges that she requires the property for her own business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room and costs of the proceedings.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition of Drishya for eviction of Pilakkal Shan Thahar from the shop room. The respondent is directed to vacate the premises within one month.
Why Plaintiff Won:
The petitioner established unauthorized subletting and a bonafide need for the property.
The petitioner established unauthorized subletting and a bonafide need for the property.
Losing Side's Weaknesses:
The petitioner established unauthorized subletting and a bonafide need for the property.
The petitioner established unauthorized subletting and a bonafide need for the property.
Supporting Evidence
PW1 give verbal evidence about the facts pleaded in the petition. She deposed that the respondent had sublet the petition schedule room to a third party. She deposed that she is in bonafide need of the petition schedule shop room for conducting a business.
Judgment Evidence:
In the result, 1. The petition is allowed under Section 11(3) and 11(4)(i) of the Act. 2. The respondent is directed to surrender vacant possession of the room within one month from the date of this order. 3. The petitioner is entitled to get the costs of this proceedings.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Drishya
- Party Age
- 33
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Pilakkal Shan Thahar
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice, Postal receipt, Acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Jyothi. R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Amrutha K. P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the scheduled property.
Evidence:
The petition is allowed under Section 11(3) and 11(4)(i) of the Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to get the costs of these proceedings.
Evidence:
The petitioner is entitled to get costs also.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Document proving the petitioner's ownership of the property.
Reference:
null
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent regarding the tenancy.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirmation of receipt of the lawyer notice.
Reference:
Ext.A2
Document Type:
Oral Evidence
Submitted By:
Unknown
Relevance:
Testimony provided by the petitioner about the need for eviction.
Reference:
null
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between Drishya vs Pilakkal Shan Thahar regarding eviction under Rent Control Act.
Case Code Year
Case between Drishya vs Pilakkal Shan Thahar regarding eviction under Rent Control Act.