Case Summary
The petitioners, Kunhikoya.K and Kabeer.K, seek eviction of the respondent, Rejeesh.P.A, due to non-payment of rent for shop rooms. The respondent remained exparte and did not challenge the petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop rooms and entitlement to costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition in part, directing the respondent to vacate the shop rooms within one month. The petitioners are entitled to costs from the respondent.
Why Plaintiff Won:
The evidence of the petitioners remained unchallenged and indicated the need for eviction.
The evidence of the petitioners remained unchallenged and indicated the need for eviction.
Losing Side's Weaknesses:
The evidence of the petitioners remained unchallenged and indicated the need for eviction.
The evidence of the petitioners remained unchallenged and indicated the need for eviction.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged. As such, I find that the petitioner is entitled for an order of eviction as prayed for.
Judgment Evidence:
In the result, the petition is allowed in part under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Kunhikoya.K
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kabeer.K
- Party Age
- 54
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rejeesh.P.A
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Original agreement executed between petitioner and respondent, Copy of Lawyer notice, Postal Receipts, Undelivered Cover
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Jalaludheen
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Partly Granted
Description:
The petitioners sought eviction of the respondent from the shop rooms.
Evidence:
I find that the petitioner is entitled for an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to get costs from the respondent.
Evidence:
The petitioners are entitled to get the costs from the respondent.
Documents & Evidence
Document Type:
Original agreement
Submitted By:
Plaintiff
Relevance:
This document is the original agreement executed between petitioner and respondent for the shop rooms.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is a copy of the lawyer notice issued seeking arrears of rent.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
This document includes postal receipts related to the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document is the undelivered cover related to the lawyer notice.
Reference:
Ext.A3
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.K vs Rejeesh.P.A regarding eviction and arrears of rent.
Case Code Year
Case between Kunhikoya.K vs Rejeesh.P.A regarding eviction and arrears of rent.