Case Summary
The petitioners, Koiloth Kadeesa Hajumma and Valiyaparambath Zubaida, seek eviction of the respondent, Rafeeque AP, due to non-payment of rent for shop rooms they own. The respondent claims he is willing to pay the rent and disputes the petitioners' bona fide need for the premises.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule premises.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petition for eviction based on failure to pay rent, ordering the respondent to vacate the premises within two months.
Why Plaintiff Won:
The petitioners provided evidence of rent arrears and bona fide need for the premises.
The petitioners provided evidence of rent arrears and bona fide need for the premises.
Losing Side's Weaknesses:
The petitioners provided evidence of rent arrears and bona fide need for the premises.
The petitioners provided evidence of rent arrears and bona fide need for the premises.
Supporting Evidence
The respondent has failed to pay the rent arrears. Though a demand was made, there was no payment from his side.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) and 11(3) of the KBLRC Act as follows: 1 That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioners within a period of two months from today failing which the petitioners can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Koiloth Kadeesa Hajumma
- Party Age
- 79
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Valiyaparambath Zubaida
- Party Age
- 60
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Rafeeque AP
- Party Age
- 53
- Relation
- S/o
Plaintiffs Documents
Jenmam assignment deed No. 2437/2000, Notice demanding payment of arrears.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M Vinod Kumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Abdul Jaleel Onath
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition scheduled premises.
Evidence:
The petition is allowed under Section 11(2)(b) and 11(3) of the KBLRC Act as follows: That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioners within a period of two months from today...
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Demand notice sent to the respondent demanding payment of arrears.
Reference:
Ext.A1
Document Type:
Lawyer Reply Notice
Submitted By:
Defendant
Relevance:
Reply from the respondent to the demand notice setting out his position.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Further demand notice sent to the respondent for payment of arrears.
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 Koiloth Kadeesa Hajumma et al vs Rafeeque AP regarding eviction due to rent arrears.
Case Code Year
Case between Koiloth Kadeesa Hajumma et al vs Rafeeque AP regarding eviction due to rent arrears.