Case Summary
The petitioners K. Jubairiya and others seek eviction of the respondent Valiyaveetu Parambil Hamsakoya from a leased shop room due to non-payment of rent and the respondent's failure to occupy the premises. The petitioners intend to use the room for a stationary and groceries business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule room to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitioners' request for eviction and directed the respondent to vacate the leased shop room within one month.
Why Plaintiff Won:
The petitioners provided sufficient evidence of non-payment of rent and the respondent's failure to occupy the premises.
The petitioners provided sufficient evidence of non-payment of rent and the respondent's failure to occupy the premises.
Losing Side's Weaknesses:
The petitioners provided sufficient evidence of non-payment of rent and the respondent's failure to occupy the premises.
The petitioners provided sufficient evidence of non-payment of rent and the respondent's failure to occupy the premises.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A5 and C1 would show that the petitioners are entitled to an order of eviction under Section 11(2)(b), 11(3), 11(4)(v) of Kerala Buildings (Lease and Rent Control) Act.
Judgment Evidence:
In the result, this petition is allowed. The respondent is hereby directed to surrender vacant possession of the petition schedule room within one month 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. Jubairiya
- Party Age
- 53
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Fahad K.
- Party Age
- 33
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shana Nazeem
- Party Age
- 29
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- K. Ameer Suhail
- Party Age
- 22
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Aysha Nehel K.
- Party Age
- 12
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Valiyaveetu Parambil Hamsakoya
- Relation
- S/o
Plaintiffs Documents
Rent kychit entered into between Jubairiya and Hamsakoya, Tax receipt issued by Kozhikode Corporation to Haroon Rasheed, Legal heirship certificate issued by Kozhikode Corporation to Fahad, Copy of lawyer notice issued by Adv. Muneer Ahmed to Hamsakoya.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muneer Ahmed
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sreeranjit T.
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the petition schedule room.
Evidence:
In the result, this petition is allowed. The respondent is hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document evidences the rental agreement between the petitioners and the respondent.
Reference:
Ext.A1
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document shows the tax payment history related to the property.
Reference:
Ext.A2
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the petitioners' legal entitlement to the property after the previous owner's death.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document demonstrates that the petitioners demanded payment of the arrears of rent.
Reference:
Ext.A4
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
This document indicates non-compliance by the respondent regarding rent payment.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document provided the court with a detailed report about the state of the property and its occupation.
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. Jubairiya et al vs Valiyaveetu Parambil Hamsakoya regarding eviction from leased shop room
Case Code Year
Case between K. Jubairiya et al vs Valiyaveetu Parambil Hamsakoya regarding eviction from leased shop room