Case Summary
The petitioner is Edavatheri Puthalath Abdulla, the landlord, seeking to evict the respondents, who are the legal heirs of the deceased tenant Hassainar Haji, from the petition schedule shop room. The petitioner requires the room for his son's business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to surrender vacant possession of the petition schedule room.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondents to surrender vacant possession of the shop room within one month. If they fail to do so, the petitioner can execute the order through the process of law.
Why Plaintiff Won:
The court found that the petitioner established his case and requires the room for business purposes.
The court found that the petitioner established his case and requires the room for business purposes.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of PW1 and PW2 and the documents relied upon them were remained unchallenged. As such, I find that the petitioner has established his case and therefore he is entitled to an order as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3) of KBLR Act are follows: 1) The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today, failing which the petitioner can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Edavatheri Puthalath Abdulla
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Biyyathu
- Party Age
- 42
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kunhammad
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Suhara
- Party Age
- 38
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ramla
- Party Age
- 36
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ibrayi
- Party Age
- 34
- Relation
- S/o
Plaintiffs Documents
Coolikaichitt (Original) entered into between Edavatheri Puthalath Abdulla and Koolikandiyil Hassainar Haji, Copy of Lawyer notice sent by Adv. P.A. Jaleel to Hassainar Haji, Postal receipt, Returned Postal cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.A. Jaleel
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Direction to the respondents to surrender vacant possession of the petition schedule room.
Evidence:
The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner can realize the costs from the respondents.
Evidence:
The petitioner can realize the costs from the respondents.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document is the original lease agreement entered into between the petitioner and the original tenant.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a notice sent by the petitioner's advocate to the original tenant.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of mailing the lawyer's notice.
Reference:
Ext.A3
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
This document indicates the returned postal communication link to the notice.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Bonafide requirement of landlord
Case Code
Case between Edavatheri Puthalath Abdulla vs Biyyathu et al regarding Rent Control Petition
Case Code Year
Case between Edavatheri Puthalath Abdulla vs Biyyathu et al regarding Rent Control Petition