Case Summary
K.E. Hussainkutty, the petitioner, is seeking eviction of Sasidharan.E.K, the respondent, from a shop room due to non-payment of rent. The court primarily considered the evidence that the respondent defaulted in rent payments and failed to respond to legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to hand over vacant possession of the shop room.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing the respondent to vacate the shop room and hand over possession to the petitioner within one month.
Why Plaintiff Won:
The unchallenged evidence establishes that the petitioner proved his case regarding eviction due to non-payment of rent.
The unchallenged evidence establishes that the petitioner proved his case regarding eviction due to non-payment of rent.
Losing Side's Weaknesses:
The unchallenged evidence establishes that the petitioner proved his case regarding eviction due to non-payment of rent.
The unchallenged evidence establishes that the petitioner proved his case regarding eviction due to non-payment of rent.
Supporting Evidence
The unchallenged evidence shows that the petitioner had proved his case and thus he is entitled to get the eviction of respondent from petition schedule shop room.
Judgment Evidence:
In the result, petition is allowed as follows: 1. The respondent is hereby directed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within one month from this day.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- K.E. Hussainkutty
- Party Age
- 69
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sasidharan.E.K
- Party Age
- 48
- Relation
- S/o
Plaintiffs Documents
Agreement dated 15/11/2018, Lawyer notice dated 13/02/2024, Unclaimed postal cover, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.S. Ramalingam
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Aiswarya.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent is directed to hand over vacant possession of the petition schedule room to the petitioner.
Evidence:
The respondent is hereby directed under Section 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within one month from this day.
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is allowed to realize the entire costs of the petition from the respondents.
Evidence:
The petitioner is allowed to realise the entire costs of the petition from the respondents and their assets.
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to get the eviction of the respondent from the petition schedule shop room.
Evidence:
The unchallenged evidence shows that the petitioner had proved his case and thus he is entitled to get the eviction of respondent from petition schedule shop room.
Relief Type:
Other
Outcome:
Partly Granted
Description:
The respondent can vacate the order by payment of arrears of rent.
Evidence:
The respondent can vacate the order under Section 11(2)(c) by payment of arrears of rent with interest and cost of the proceedings within one month from today.
Documents & Evidence
Document Type:
Agreement
Submitted By:
Plaintiff
Relevance:
This document is the agreement between the petitioner and the respondent regarding the lease of the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
These are the lawyer notices sent to the respondent regarding the default in payment of rent.
Reference:
Ext.A2 series
Document Type:
Returned Cover
Submitted By:
Plaintiff
Relevance:
This document shows that the notice was returned as unclaimed by the respondent.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
These are additional lawyer notices and postal receipts relating to the respondent's acknowledgment.
Reference:
Ext.A4 series
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
2024