Case Summary
Kaipanthodi Sainaba and her family are petitioners seeking eviction of the respondent MM Shereef for failure to pay rent and security deposit since April 2019. The petitioners state the property is needed for their grandson to start a business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to surrender vacant possession and petitioner can recover costs.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to surrender vacant possession of the premises to the petitioner within two months. The petitioner is also entitled to recover costs from the respondent.
Why Plaintiff Won:
The unchallenged evidence supported the petitioner's claim for eviction.
The unchallenged evidence supported the petitioner's claim for eviction.
Losing Side's Weaknesses:
The unchallenged evidence supported the petitioner's claim for eviction.
The unchallenged evidence supported the petitioner's claim for eviction.
Supporting Evidence
The evidence of PW1 supported by Ext. A1 to A3 stands unchallenged and unrebutted. The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) & 11(3) of KBLRC Act as follows: 1The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioner can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kaipanthodi Sainaba
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Hisham Hussain
- Party Age
- 21
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Falah
- Party Age
- 11
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Muhammed Ihsan
- Party Age
- 8
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Puthiyottukandy Naseena
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Puthiyottukandy Ali Haji
- Party Age
- 76
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- MM Shereef
- Party Age
- 65
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice issued by Adv.Danoj Kumar PK, Postal receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Danoj Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- MM Shereef
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition for eviction of the respondent from the petition scheduled premises was allowed.
Evidence:
In the result, this petition is allowed under Section 11(2)(b) & 11(3) of KBLRC Act as follows: The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to realize the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realize the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A copy of the lawyer notice issued to the respondent regarding the non-payment of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt confirming the dispatch of the lawyer notice.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
The acknowledgment card showing receipt of the lawyer notice by the respondent.
Reference:
Ext.A3
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 Kaipanthodi Sainaba et al vs MM Shereef regarding eviction and rent arrears
Case Code Year
Case between Kaipanthodi Sainaba et al vs MM Shereef regarding eviction and rent arrears