Case Summary
K. V. Santhosh Kumar, the petitioner, is seeking eviction of K.K. Sivarajan, the respondent, from a shop room based on the claim that the respondent subleased the property without permission. The petitioner requires the shop room to start a business of financial consultancy.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to surrender vacant possession of the petition schedule room and the petitioner can realize the costs from the respondent.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by K. V. Santhosh Kumar against K.K. Sivarajan and directed the respondent to surrender vacant possession of the shop room within one month.
Why Plaintiff Won:
The petitioner has established that the respondent illegally subleased the shop room contrary to the terms of the agreement.
The petitioner has established that the respondent illegally subleased the shop room contrary to the terms of the agreement.
Losing Side's Weaknesses:
The petitioner has established that the respondent illegally subleased the shop room contrary to the terms of the agreement.
The petitioner has established that the respondent illegally subleased the shop room contrary to the terms of the agreement.
Supporting Evidence
The evidence of PW1 and the documents produced by him remain unchallenged. There is no contra evidence to disprove the evidence of PW1. As such, I find that PW1 has succeeded to prove his case.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3) & 11(4)(i) of KBLR Act as follows: 1) The respondent is 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K. V. Santhosh Kumar
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K.K. Sivarajan
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent to K. K. Sivaraman, Acknowledgment Card, Postal receipt, Copy of consent submitting before the Secretary.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.M. Musthafa
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to an order of eviction against the respondent.
Evidence:
Therefore, the petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner can realize the costs from the respondent.
Evidence:
The costs of the petition shall follow the event.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice was sent to the respondent, informing him of the eviction proceedings.
Reference:
Ext.A1
Document Type:
Consent Submission
Submitted By:
Plaintiff
Relevance:
This submission was made by the petitioner's mother regarding the property.
Reference:
Ext.A2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report supports the petitioner's claim regarding the subleasing of the shop room.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
The sketch is related to the commission report that substantiates the petitioner's case.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Unauthorized occupation
Case Code
Case between K. V. Santhosh Kumar vs K.K. Sivarajan regarding eviction of tenant.
Case Code Year
Case between K. V. Santhosh Kumar vs K.K. Sivarajan regarding eviction of tenant.