Case Summary
H.Muhammed Sameer and Mohammed Shabeer.H are petitioners seeking eviction of Raji.N. Sujith for non-payment of rent. The court found the counter petitioner in arrears and allowed the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Counter petitioner is directed to vacate the premises and hand over possession to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the counter petitioner's failure to pay rent and established a landlord-tenant relationship. The counter petitioner has been directed to vacate the premises.
Why Plaintiff Won:
The court found sufficient evidence of non-payment of rent.
The court found sufficient evidence of non-payment of rent.
Losing Side's Weaknesses:
The court found sufficient evidence of non-payment of rent.
The court found sufficient evidence of non-payment of rent.
Supporting Evidence
The proof affidavit filed by the petitioners and the documents produced before the court are sufficient to establish non-payment of rent of the petitioners. There is no oral or documentary evidence to rebut the claim of petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The Counter petitioner is hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act and surrender and put the petitioners in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- H.Muhammed Sameer
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mohammed Shabeer.H
- Party Age
- 55
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Raji.N. Sujith
- Party Age
- 36
- Relation
- S/o
Plaintiffs Documents
Copy of legal Notice, Postal Receipt, Acknowledgment Card, Copy of the plaint and injunction application in OS 1314/2023
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.V.S.Bhasurendran Nair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Geethi.S.Bal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Krishnaprasad.S.R
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Ajay Krishna.R
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioners sought eviction of the counter petitioner from the premises.
Evidence:
Hence the petitioners are entitled to get eviction u/s.11(2)(b), 11 (3) and 11(4)(ii) of the Act.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Served to demand vacating the premises and payment of rent arrears.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the legal notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the legal notice.
Reference:
Ext.A3
Document Type:
Copy of the plaint and injunction application
Submitted By:
Plaintiff
Relevance:
Contains details of the injunction application filed against the petitioners.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
R.C.P.NO.
Case Code Year
2023
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour