Case Summary
The petitioners, the legal heirs of Kadiyarakathu Kunhibi, seek eviction of the respondents, who are the legal heirs of Abdul Khader, from a shop room due to non-payment of rent. The respondents have claimed wrongful eviction and disputed the petitioners' right for the eviction proceedings.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction of respondents from the petition schedule room.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioners' request for eviction of the respondents from the rent schedule property due to non-occupation and non-payment of rent for over four years. The respondents were ordered to surrender possession within two months.
Why Plaintiff Won:
Petitioners established that the respondents have ceased to occupy the property without valid reason.
Petitioners established that the respondents have ceased to occupy the property without valid reason.
Losing Side's Weaknesses:
Petitioners established that the respondents have ceased to occupy the property without valid reason.
Petitioners established that the respondents have ceased to occupy the property without valid reason.
Supporting Evidence
The petitioners have established that the respondent No. 1 to 3 have ceased to occupy the petition schedule shop room for the last 4 years without any valid reason.
Judgment Evidence:
In the result, this petition is allowed under Section 11(4)(v) of KBLR Act as follows: 1. The respondents No. 1 to 3 are hereby directed to surrender vacant possession of the petition schedule room within two months from today, failing which the petitioners can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. Jameela
- Party Age
- 76
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Ayishabi
- Party Age
- 74
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- O. Sakkeena
- Party Age
- 69
- Party Role
- Plaintiff
- Party Name
- O. Kunhikoya
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- O. Nisar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- C.P.M. Alikoya
- Party Age
- 79
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.V. Abdul Razak
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sulaikha K.V.
- Party Age
- 70
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K. Naseema
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- O. Abdul Jaleel
Plaintiffs Documents
Copy of Kooli Kychit No:2127/1941 executed by Abdul Khader in favour of Kunhibi, Original death certificate of P.K. Abdulla Koya.
Defendants Documents
Original partnership deed executed between P. Muhammed Koya Haji, C.P.M. Abdul Jaleel and P. Ahamed Koya.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Noorjahan C.V.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- B.M. Shamsudhin
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents No. 1 to 3 from the petition schedule shop room.
Evidence:
I find that the petitioners have established that the respondent No. 1 to 3 have ceased to occupy the petition schedule shop room for the last 4 years without any valid reason.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioners are entitled to recover costs from the respondents.
Evidence:
The petitioners are entitled to realize the costs from the respondents.
Documents & Evidence
Document Type:
Copy of Kooli Kychit
Submitted By:
Plaintiff
Relevance:
Document establishing the original lease of the petition schedule property.
Reference:
Ext.A1
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the death of P.K. Abdulla Koya.
Reference:
Ext.A2
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal document proving the heirs of P.K. Abdulla Koya.
Reference:
Ext.A3
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the death of P.K. Avarankoya.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal document proving the heirs of P.K. Avarankoya.
Reference:
Ext.A5
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the death of P.K. Alikoya.
Reference:
Ext.A6
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal document proving the heirs of P.K. Alikoya.
Reference:
Ext.A7
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the death of Imbichi.
Reference:
Ext.A8
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal document proving the heirs of Imbichi.
Reference:
Ext.A9
Document Type:
Death Certificate
Submitted By:
Plaintiff
Relevance:
Proof of the death of Puthiya Kathiyarakam Abdul Azeez.
Reference:
Ext.A10
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal document proving the heirs of Kathiyarakam Abdul Azeez.
Reference:
Ext.A11
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent regarding the arrears of rent.
Reference:
Ext.A12
Document Type:
Caveat
Submitted By:
Plaintiff
Relevance:
Caveat lodged by K. Naseema against the petitioners.
Reference:
Ext.A13
Document Type:
Rent Receipt Book
Submitted By:
Plaintiff
Relevance:
Record of rent payments made by the respondents.
Reference:
Ext.A14
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Legal document proving the heirs of Kunhibi.
Reference:
Ext.A15
Document Type:
Partnership Deed
Submitted By:
Defendant
Relevance:
Documents related to the partnership deed involving the respondent who claims tenancy rights.
Reference:
Ext.B1
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Proof from a previous court case that impacts current tenancy claims.
Reference:
Ext.B2
Document Type:
Decree Copy
Submitted By:
Defendant
Relevance:
Decree from the previous case, affecting the rights to the property.
Reference:
Ext.B3
Document Type:
Judgment Copy
Submitted By:
Defendant
Relevance:
Judgment from an appeal that is relevant to the case at hand.
Reference:
Ext.B4
Document Type:
Police Complaint
Submitted By:
Defendant
Relevance:
Complaint lodged regarding issues arising from the case.
Reference:
Ext.B5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report by the Advocate Commissioner detailing the state of the property.
Reference:
Ext.C1
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. Jameela et al vs C.P.M. Alikoya et al regarding eviction of respondents from rent schedule property.
Case Code Year
Case between K. Jameela et al vs C.P.M. Alikoya et al regarding eviction of respondents from rent schedule property.