Case Summary
Kakkuzhiyil Sainabi, the landlord, filed a petition to evict Kottakkal Muhammed Koya, the original tenant, who subleased the premises without consent. The landlord requires the premises for starting a business for his son-in-law.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to surrender vacant possession of the petition schedule room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondents to vacate the premises within one month.
Why Plaintiff Won:
The unchallenged evidence of the petitioner supported by documents demonstrates entitlement to eviction.
The unchallenged evidence of the petitioner supported by documents demonstrates entitlement to eviction.
Losing Side's Weaknesses:
The unchallenged evidence of the petitioner supported by documents demonstrates entitlement to eviction.
The unchallenged evidence of the petitioner supported by documents demonstrates entitlement to eviction.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A4 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(4)(1) and 11(3) of KBLR Act as follows: 1) The respondents are 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
- Kakkuzhiyil Sainabi
- Party Age
- 64
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kottakkal Muhammed Koya
- Party Age
- 65
- Party Role
- Defendant
- Party Name
- Kottakkal Ismail
- Party Age
- 50
Plaintiffs Documents
Copy of partition deed No:1813/19 of SRO, Kakkodi, Copy of cooli Kaichitt, Copy of lawyer notice issued by Adv.K.M. Musthafa, Returned unclaimed postal cover sent to Ismail.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.M. Musthafa
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the petition schedule room.
Evidence:
The petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Costs to be realized from the respondents.
Evidence:
The petitioner can realize the costs from the respondents.
Documents & Evidence
Document Type:
Partition Deed
Submitted By:
Plaintiff
Relevance:
Photostat copy of the partition deed, relevant to establish the landlord's ownership.
Reference:
Ext.A1
Document Type:
Coolie Kychit
Submitted By:
Plaintiff
Relevance:
Copy of the coolie kychit submitted to support the eviction petition.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the registered lawyer notice relevant for establishing attempts to seek eviction.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt evidencing sending the lawyer notice.
Reference:
Ext.A3(b)
Document Type:
Unclaimed postal cover
Submitted By:
Plaintiff
Relevance:
Returned unclaimed postal cover sent to Ismail, relevant for notice delivery.
Reference:
Ext.A4
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 Kakkuzhiyil Sainabi vs Kottakkal Muhammed Koya et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Kakkuzhiyil Sainabi vs Kottakkal Muhammed Koya et al regarding eviction under Kerala Buildings (Lease and Rent Control) Act.