Case Summary
Hashif.M.K is the petitioner seeking eviction of M.P.Ashar for non-payment of rent. The respondent has not paid the rent since December 2023 despite repeated demands.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule property.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed due to the respondent's failure to pay rent. The respondent is ordered to vacate the premises within one month.
Why Plaintiff Won:
The petitioner established entitlement for eviction based on non-payment of rent.
The petitioner established entitlement for eviction based on non-payment of rent.
Losing Side's Weaknesses:
The petitioner established entitlement for eviction based on non-payment of rent.
The petitioner established entitlement for eviction based on non-payment of rent.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged.
Judgment Evidence:
In the result, the petition is allowed as follows: 1. The petition is allowed under section 11 (2) (b) of the Act and the respondent is hereby directed to surrender the vacant possession of the petition schedule shop room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Hashif.M.K
- Party Age
- 57
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M.P.Ashar
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Lawyer notice dated 26.07.2024, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.M.Muhammed Iqbal
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. C.V.Jithesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition is allowed, and the respondent is directed to surrender vacant possession.
Evidence:
I find that the petitioner is entitled for an order of eviction as prayed for.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that the petitioner had issued a notice demanding rent arrears.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document supports the claim that the notice was sent to the respondent.
Reference:
Ext.A1(a)
Document Type:
Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document serves as evidence that the respondent received the notice.
Reference:
Ext.A2
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 Hashif.M.K vs M.P.Ashar regarding rent arrears and eviction.
Case Code Year
Case between Hashif.M.K vs M.P.Ashar regarding rent arrears and eviction.