Case Summary
Kizhakkayil Mariyam filed petitions against K. K. Abdul Hameed and Shereena to reclaim leased properties for her daughter's business after claims of non-payment of rent and property damage. The respondents contested the petitions citing maintainability and their own business needs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the rooms and costs of the proceedings
Case Type
Rent Control Petition
Final Judgment
No
The petitions were allowed, and the respondents were ordered to vacate the leased properties and surrender possession within one month.
Why Plaintiff Won:
The petitioner demonstrated a bonafide need for the properties and established that the respondents illegally altered the premises, reducing its value.
The petitioner demonstrated a bonafide need for the properties and established that the respondents illegally altered the premises, reducing its value.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence of the petitioner remains unchallenged. Hence the petitioner is entitled to get vacant possession of the petition schedule rooms.
Judgment Evidence:
In the result, RCP 23/22 the petition is allowed u/s.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
- Kizhakkayil Mariyam
- Party Age
- 66
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- K. K. Abdul Hameed
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Shereena
- Party Age
- 45
- Relation
- W/o
Plaintiffs Documents
Copy of Lawyer Notice in RCP. 23/2022, Copy of Lawyer Notice in RCP. 24/2022, Reply Lawyer Notice in RCP. 23/2022
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Janil John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.M. Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Neena. V.G
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition is allowed u/s.11(3) and 11(4)(ii) of the Act.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Eviction
Outcome:
Granted
Description:
The petition is allowed u/s.11(3) and 11(4)(ii) of the Act.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
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.
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:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice in RCP. 23/2022
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipt in RCP. 23/2022
Reference:
Ext.A1(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment Card in RCP. 23/2022
Reference:
Ext.A1(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Lawyer Notice in RCP. 24/2022
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal Receipt in RCP. 24/2022
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment Card in RCP. 24/2022
Reference:
Ext.A2(b)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of Reply Lawyer Notice in RCP. 23/2022
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission Report
Reference:
Ext.C1
Document Type:
Advocate Commissioners Sketch
Submitted By:
Court
Relevance:
Advocate Commissioners Sketch
Reference:
Ext.C1(a)
Document Type:
Notice of Inspection
Submitted By:
Court
Relevance:
Notice of Inspection
Reference:
Ext.C1(b)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
R.C.P.
Case Code Year
2022