Case Summary
KK Ummerkutty, the petitioner, is seeking eviction of the respondents for non-payment of rent and unauthorized subletting of the property. The first respondent, Prabhakaran PV, was the tenant who failed to pay rent due since June 2021.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of respondents from the petition schedule property.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was granted, and respondents have been directed to surrender the property within two months.
Why Plaintiff Won:
Evidence supported that the petitioner is entitled to eviction due to non-payment of rent and subletting.
Evidence supported that the petitioner is entitled to eviction due to non-payment of rent and subletting.
Losing Side's Weaknesses:
Evidence supported that the petitioner is entitled to eviction due to non-payment of rent and subletting.
Evidence supported that the petitioner is entitled to eviction due to non-payment of rent and subletting.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A4 and C1 series 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) and 11(4)(v) of KBLR Act as follows: 1That the respondents are 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
- KK Ummerkutty
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prabhakaran PV
- Party Age
- 75
- Party Role
- Defendant
- Party Name
- P Abdul Gafoor
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv.BM Shamsuddin to the Respondents with postal receipts and acknowledgment card, Returned lawyer notice with acknowledgment card by 2nd Respondent, Registered reply notice with acknowledgment card sent by Adv.CV Jithesh to Adv.PM Shamsudheen, Copy of Coolie kaychit entered into between Kadakandy Kalathil Kunjathu and Prabhalaran PV.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. BM Shamsudheen
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. E Minsa
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondents are directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Evidence:
In the result, this petition is allowed under Section 11(2)(b) and 11(4)(v) of KBLR Act as follows: 1That the respondents are 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.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to realise the costs of the petition from the respondents.
Evidence:
The petitioner is entitled to realise the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Adv.BM Shamsuddin to the Respondents with postal receipts and acknowledgment card.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Returned lawyer notice with acknowledgment card by 2nd Respondent.
Reference:
Ext.A2
Document Type:
Registered Reply Notice
Submitted By:
Plaintiff
Relevance:
Registered reply notice with acknowledgment card sent by Adv.CV Jithesh to Adv.PM Shamsudheen.
Reference:
Ext.A3
Document Type:
Coolie Kychit
Submitted By:
Plaintiff
Relevance:
Copy of Coolie kaychit entered into between Kadakandy Kalathil Kunjathu and Prabhalaran PV.
Reference:
Ext.A4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report and Commission Plan related to the eviction case.
Reference:
Ext.C1
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 KK Ummerkutty vs Prabhakaran PV et al regarding eviction of petition schedule property.
Case Code Year
Case between KK Ummerkutty vs Prabhakaran PV et al regarding eviction of petition schedule property.