Case Summary
Hameeda. E filed a petition against M. P. Nazeer and others for eviction of tenants due to non-payment of rent and for personal use of the property. The court found in favor of the petitioner on both grounds.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the petition schedule building within one month and payment of costs to the petitioner.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to non-payment of rent and the petitioner's need for the property for her son's business.
Why Plaintiff Won:
The petitioner proved that the respondents were in arrears of rent and that she required the property for her son's business.
The petitioner proved that the respondents were in arrears of rent and that she required the property for her son's business.
Losing Side's Weaknesses:
The petitioner proved that the respondents were in arrears of rent and that she required the property for her son's business.
The petitioner proved that the respondents were in arrears of rent and that she required the property for her son's business.
Supporting Evidence
The petitioner has established that she is entitled to an order under section 11 (2)(b) of the Act.
Judgment Evidence:
In the result, 1. The rent control petition is allowed under section 11 (2) (b) and 11 (3) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hameeda. E
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- M. P. Nazeer
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M. P. Gafoor
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M. P. Hamza
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M. P. Aboobacker
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M. O. Hashim
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice dated 10.08.2023, Postal acknowledgment card, Reply notice dated 02.09.2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. V. Razal Rahiman
- Appearance Type
- Main Counsel
- Law Firm
- Jyothi Advocates
- Party Role
- Defendant
- Advocate Name
- Sri. K. M. Muhammed Iqbal
- Appearance Type
- Main Counsel
- Law Firm
- Noorjahan. C. V
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to put the petitioner in vacant possession of the petition schedule building.
Evidence:
In view of the foregoing discussion, this court is of the considered view that the petitioner is entitled to an order of eviction under both the grounds canvassed by the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Office copy of the lawyer notice demanding the arrears of rent and vacant possession.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for the lawyer notice sent to the respondents.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by the respondents raising false contentions.
Reference:
Ext.A3
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 Hameeda. E vs M. P. Nazeer et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Hameeda. E vs M. P. Nazeer et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act.