Case Summary
Petitioners seek eviction of respondent for non-payment of rent and wrongful subletting. Respondent failed to pay rent regularly, leading to arrears of Rs. 42,400. Petitioners also need building for bonafide business purposes.
Judgment Outcome
Judgment Favored
Plaintiffs
Relief Granted
Eviction
Case Type
Eviction under Kerala Building (Lease & Rent Control) Act, 1965
Final Judgment
No
Key Reasoning:
Petitioners proved non-payment of rent, bona fide need for business space, and subletting by respondent without terminating sublease.
Petitioners proved non-payment of rent, bona fide need for business space, and subletting by respondent without terminating sublease.
Judgment Evidence:
In the result, the respondent is directed to give vacant possession of the shop rooms to the petitioners within two months from the date of this order under Section 11 (2)(b) and 11(3) of the Act. If the respondent pays the rent arrears within one month from the date of this order, the eviction order under Section 11(2) shall stand vacated. Respondent to pay costs of the petition to the petitioner.
Parties Involved
Plaintiffs
K.P.A Khadeeja (68 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Suhara.K.T (46 years)
Kooriparambil Thekkumbatt House, Post Valanchery, Moochikkal, Tirur Taluk
Defendants
Shajahan (40 years)
Karaparambil House, Kottaram, Post Valanchery, Pin: 676 552
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction from shop rooms for non-payment of rent and subletting without termination
Evidence:
The respondent is directed to give vacant possession of the shop rooms to the petitioners within two months from the date of this order under Section 11 (2)(b) and 11(3) of the Act. If the respondent pays the rent arrears within one month from the date of this order, the eviction order under Section 11(2) shall stand vacated.
Documents & Evidence
Document Type:
Notice
Submitted By:
Plaintiff
Relevance:
Proof of notice, postal receipt, acknowledgment card, reply notice
Reference:
Exts. A1(a), A1(b), A1(c), A2
Document Type:
Commission Report
Submitted By:
Plaintiff
Relevance:
Commission report supporting the petitioners' case
Reference:
Ext. C1
Document Type:
Plan
Submitted By:
Plaintiff
Relevance:
Plan regarding the nature of the building and alleged subletting
Reference:
Ext. C2