Case Summary
Kunhikoya Haji has filed a petition against Vasu seeking arrears of rent and vacant possession of the shop room. Vasu, the respondent, has been accused of defaulting on rent payments.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to surrender vacant possession of the room and pay arrears of rent.
Case Type
Rent Control Petition
Final Judgment
No
The petition has been allowed, directing the respondent to surrender vacant possession of the room within one month. The respondent is also ordered to pay arrears of rent with interest.
Why Plaintiff Won:
The court found the evidence of the petitioner unchallenged and supported the claim for eviction and payment of arrears.
The court found the evidence of the petitioner unchallenged and supported the claim for eviction and payment of arrears.
Losing Side's Weaknesses:
The court found the evidence of the petitioner unchallenged and supported the claim for eviction and payment of arrears.
The court found the evidence of the petitioner unchallenged and supported the claim for eviction and payment of arrears.
Supporting Evidence
The evidence of PW1 remains unchallenged, and the court found no reason to discard his evidence.
Judgment Evidence:
The petition is allowed u/s.11(2)(b) of the Act. The respondent is 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
- Kunhikoya Haji
- Party Age
- 81
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Vasu
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Photocopy of Coolie Kaicheet Agreement, Certified Copy of Order in RCP. 7/2018, Copy of Lawyer Notice with Postal Receipt, Copy of Reply Notice, Copy of Lawyer Notice with Postal Receipt and unserved cover, Power of Attorney.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. Valsalakumar
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. B. Kishore Baktha
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner is entitled to recover arrears of rent amounting to Rs.2,32,000/- from the respondent.
Evidence:
the respondent is directed to pay rent of Rs.2,32,000/- (Rupees Two Lakhs And Thirty Two Thousand Only) from 09.01.2018 to 09/01/2024
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent is directed to surrender vacant possession of the shop room.
Evidence:
the respondent is directed to surrender vacant possession of the room within one month from the date of this order
Documents & Evidence
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
This document supports the claim that the respondent is the tenant of the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the respondent seeking arrears of rent.
Reference:
Ext.A2
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document was submitted as a response in the rent recovery proceedings.
Reference:
Ext.A5
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice along with the postal receipt was part of the evidence for rent recovery.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document relates to the legal correspondence regarding the arrears.
Reference:
Ext.A4
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document validates the authority of the petitioner’s representative to act on his behalf.
Reference:
Ext.A6
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
Case between Kunhikoya Haji vs Vasu regarding arrears of rent and eviction
Case Code Year
Case between Kunhikoya Haji vs Vasu regarding arrears of rent and eviction