Case Summary
The petitioners, including the legal heirs of the deceased M Aboobacker, seek eviction of K Subin for unpaid rent arrears since January 2010. The respondent has failed to appear in court and contests the eviction order.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises and recovery of costs.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, and the respondent is directed to vacate the premises within two months, failing which the petitioners may execute the eviction. Costs of the petition are to be recovered from the respondent.
Why Plaintiff Won:
The petitioner's claim was supported by unchallenged evidence.
The petitioner's claim was supported by unchallenged evidence.
Losing Side's Weaknesses:
The petitioner's claim was supported by unchallenged evidence.
The petitioner's claim was supported by unchallenged evidence.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A3 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) of KBLRC Act as follows: 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
- Naseema
- Relation
- W/o. Late.M Aboobacker
- Party Role
- Plaintiff
- Party Name
- Navaf Aboobacker
- Party Age
- 33
- Relation
- S/o. Late.M Aboobacker
- Party Role
- Plaintiff
- Party Name
- Nadheera Aboobacker
- Party Age
- 31
- Relation
- D/o. Late.M Aboobacker
- Party Role
- Plaintiff
- Party Name
- Nabeel Aboobacker
- Party Age
- 23
- Relation
- S/o. Late. M Aboobacker
- Party Role
- Defendant
- Party Name
- K Subin
- Party Age
- 39
- Relation
- S/o.Sudhakaran
Plaintiffs Documents
True copy of lawyer notice issued to the respondent, True copy of lawyer notice issued to the respondent, Copy of postal envelops of the returned lawyer notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.PT Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Bhavitha V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners requested eviction of the respondent from the petition schedule property.
Evidence:
The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to realise the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used by the petitioner to demonstrate that a lawyer notice was issued to the respondent demanding payment of rent arrears.
Reference:
Ext.A1
Document Type:
True copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used by the petitioner to show a subsequent lawyer notice was issued to the respondent demanding payment of rent arrears.
Reference:
Ext.A2
Document Type:
Copy of postal envelops of the returned lawyer notice
Submitted By:
Plaintiff
Relevance:
This document serves to confirm that the lawyer notices were returned unclaimed.
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 M Aboobacker et al vs K Subin regarding rent arrears and eviction
Case Code Year
Case between M Aboobacker et al vs K Subin regarding rent arrears and eviction