Case Summary
The petitioners, Fathimabi and Sakeena, filed a petition against Haroon. R. Rasheed for eviction due to non-payment of rent. The respondent failed to pay arrears of rent for several months, leading to this legal action.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room.
Case Type
Rent Control
Final Judgment
No
The court allowed the petition for eviction against the respondent for non-payment of rent. The respondent was ordered to surrender possession within one month.
Why Plaintiff Won:
The evidence of the petitioners was unchallenged and supported by documentation related to the lease agreement and notice.
The evidence of the petitioners was unchallenged and supported by documentation related to the lease agreement and notice.
Losing Side's Weaknesses:
The evidence of the petitioners was unchallenged and supported by documentation related to the lease agreement and notice.
The evidence of the petitioners was unchallenged and supported by documentation related to the lease agreement and notice.
Supporting Evidence
The evidence of PW1 and the documents produced by her stands unchallenged.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act. 1.That the respondent is hereby directed to surrender the vacant possession of the petition schedule shop room within one month from today, failing which the petitioners can get the order executed through the procedure known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Fathimabi
- Party Age
- 61
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sakeena
- Party Age
- 51
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Haroon. R. Rasheed
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Lease agreement dated 01.10.2021, Legal notice dated 28.02.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. M. Muhammed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Mousimi Baby
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Mufeed M. K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt. Juseena. V. P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought an order of eviction against the respondent for non-payment of rent.
Evidence:
I find that the petitioners are entitled for an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent is ordered to pay the costs of the proceedings to the petitioners.
Evidence:
The respondent shall pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the lease agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document shows the legal notice sent to the respondent regarding the arrears of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document confirms the receipt of the legal notice by the respondent.
Reference:
Ext.A2(b)
Case Classification
Case Type
Rent Control
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 Fathimabi and Sakeena vs Haroon. R. Rasheed regarding eviction for non-payment of rent.
Case Code Year
Case between Fathimabi and Sakeena vs Haroon. R. Rasheed regarding eviction for non-payment of rent.