Case Summary
The petitioners, Kadeeja and others, are seeking eviction of the respondents, Afsal.K and Afsheer.K, from a building due to non-payment of rent and unauthorized alterations. The respondents deny the allegations, claiming they have paid the rent and made no unauthorized changes.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the premises.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the respondents' failure to pay rent and unauthorized modifications to the building. The respondents are ordered to vacate the premises within one month unless they pay the outstanding rent along with interest.
Why Plaintiff Won:
The court found that the respondents had committed willful default in paying rent and made unauthorized alterations to the premises.
The court found that the respondents had committed willful default in paying rent and made unauthorized alterations to the premises.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the plaint. He deposed that respondents kept the rent in arrears. He deposed that the respondents made modifications and alterations illegally without obtaining permission of the petitioners and without obtaining requisite approval of local body.
Judgment Evidence:
The petition is allowed u/s.11(2)(b), 11(3) and 11(4)(ii) of the Act. The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kadeeja
- Party Age
- 70
- Relation
- W/o. Late Muhammed Koya
- Party Role
- Plaintiff
- Party Name
- Shahida
- Party Age
- 49
- Relation
- D/o. Late Muhammed Koya
- Party Role
- Plaintiff
- Party Name
- Afsal
- Party Age
- 51
- Relation
- S/o. Late Muhammed Koya
- Party Role
- Plaintiff
- Party Name
- Shamseeda
- Party Age
- 43
- Relation
- D/o. Late Muhammed Koya
- Party Role
- Plaintiff
- Party Name
- Anwar Sadat
- Party Age
- 40
- Relation
- S/o. Late Muhammed Koya
- Party Role
- Defendant
- Party Name
- Afsal.K
- Party Age
- 45
- Relation
- S/o.Not known
- Party Role
- Defendant
- Party Name
- Afsheer.K
- Party Age
- 38
- Relation
- S/o.Not known
Plaintiffs Documents
Lawyer notice, Reply notice, Arrear demand notices, Property tax receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B.Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.A.Muhammed Hussain
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondents from the scheduled building.
Evidence:
The petition is allowed u/s.11(2)(b), 11(3) and 11(4)(ii) of the Act.
Relief Type:
Possession
Outcome:
Granted
Description:
Order for respondents to surrender vacant possession of the room.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Declaration
Outcome:
Partly Granted
Description:
Condition for vacating the eviction order upon payment of arrears.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.60,000/- from May 2021 till 25/7/2025 with interest at the rate of 6% per annum and costs of this proceedings within one month from today, Order u/s.11(2)(b) will be vacated.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to get costs of this proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Legal notice sent to the respondents demanding vacant possession.
Reference:
Ext.A1
Document Type:
Postal Cover
Submitted By:
Plaintiff
Relevance:
Document related to the legal notice.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipts related to the legal notice.
Reference:
Ext.A1(b) to Ext.A1(b)(c)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice from the respondents denying the contentions.
Reference:
Ext.A2
Document Type:
Arrear Demand Notice
Submitted By:
Plaintiff
Relevance:
Notices issued by Kozhikode Municipal Corporation regarding arrears.
Reference:
Ext.A3 to Ext.A3(k)
Document Type:
Property tax receipts
Submitted By:
Plaintiff
Relevance:
Receipts showing property tax payments.
Reference:
Ext.A4 to Ext.A4(k)
Document Type:
Arrear Demand Notice
Submitted By:
Plaintiff
Relevance:
Subsequent notices from Kozhikode Municipal Corporation for arrears.
Reference:
Ext.A5 to Ext.A5(j)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed by advocate Arya.K.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch related to the commission report.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
R.C.P
Case Code Year
2022