Case Summary
K. Chandrika, the petitioner, filed a petition against Sree Mukambika Nidhi Limited and its officers for default in rent payment. The case involved issues regarding lease agreement terms and non-payment of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to surrender vacant possession of the petition schedule room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court directed the respondents to surrender vacant possession of the petition schedule room within one month. The petition was allowed based on the established case of non-payment of rent.
Why Plaintiff Won:
The petitioner established the case of willful default in rent payment by the respondents.
The petitioner established the case of willful default in rent payment by the respondents.
Losing Side's Weaknesses:
The petitioner established the case of willful default in rent payment by the respondents.
The petitioner established the case of willful default in rent payment by the respondents.
Supporting Evidence
The evidence of PW1 and the documents relied upon her remained unchallenged. As such, I find that the petitioner has established their case and therefore they are entitled to an order as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Chandrika
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Sree Mukambika Nidhi Limited
- Party Role
- Defendant
- Party Name
- Prabhakaran Nambiyath
- Party Age
- 55
- Relation
- Chairman of Sree Mooikambika Nidhi Limited
- Party Role
- Defendant
- Party Name
- T. Sajith Kumar
- Party Age
- 38
- Relation
- S/o
Plaintiffs Documents
Certified copy of settlement deed executed by Moideen Koya Haji in favour of Aboobacker Koya Haji, Certified copy of settlement deed executed by Aboobacker Koya Haji in favour of Mymoona and others.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.G. Anoop Narayanan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Evidence:
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.
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
The order of eviction passed under Section 11(2)(b) of the Act shall not be executed until the expiry of one month from the date of this order.
Evidence:
the order of eviction passed under Section 11(2)(b) of the Act shall not be executed until the expiry of one month from the date of this order.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioner can realize the costs from the respondents.
Evidence:
Costs of the petition shall follow the event.
Documents & Evidence
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed executed by Moideen Koya Haji in favour of Aboobacker Koya Haji.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Certified copy of settlement deed executed by Aboobacker Koya Haji in favour of Mymoona and others.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer notice sent by Adv. P.G. Anoop Narayanan to Prabhakaran Nambiyath ,Chairman of Sree Mooikambika Nidhi Limited, and T. Sajith Kumar, Vice Chairman.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment Card.
Reference:
Ext.A2(b)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt.
Reference:
Ext.A2(c)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between K. Chandrika vs Sree Mukambika Nidhi Limited et al regarding rent control petition.
Case Code Year
Case between K. Chandrika vs Sree Mukambika Nidhi Limited et al regarding rent control petition.