Case Summary
Madathil Amina is the petitioner seeking eviction against Abdul Latheef and Prasanna due to non-payment of rent. The court found that the respondents did not vacate the premises despite notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the scheduled premises.
Case Type
Rent Control Petition
Final Judgment
No
The petitions were allowed, directing the respondents to vacate the premises. The court recognized the petitioner's need for the premises.
Why Plaintiff Won:
The petitioner complied with statutory requirements under the KBLR Act.
The petitioner complied with statutory requirements under the KBLR Act.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The evidence stands unchallenged and unrebuffed since the respondents remained exparte, fulfilling procedural requirements under Section 11 of KBLR Act.
Judgment Evidence:
In the result, 1.RCP 97/23 is allowed as follows: 1.That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Madathil Amina
- Party Age
- 75
- Relation
- S/o.Late.Ammad Haji
- Party Role
- Defendant
- Party Name
- Abdul Latheef
- Party Age
- 69
- Relation
- S/o. Ummer Haji
- Party Role
- Defendant
- Party Name
- Prasanna
- Party Age
- 64
- Relation
- D/o. Gopalan
Plaintiffs Documents
Copy of Lawyer notice issued by Adv.P.C.Padmaja to Abdul Latheef, Postal receipt, Unclaimed cover with Acknowledgment card, Copy of Rent Kychit executed by Abdul Latheef in favour of Amina Umma.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Adv.P.C.Padmaja
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Razal Rahman
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Prasanna
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Evidence:
I find that the petitioner is entitled for the relief as prayed for.
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Evidence:
I find that the petitioner is entitled for the relief as prayed for.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the respondent in RCP 97/23 informing them of the demand for rent and eviction.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the sending of the lawyer notice to the respondent in RCP 97/23.
Reference:
Ext.A2
Document Type:
Unclaimed Cover with Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document indicates the unclaimed status of the notice sent to the respondent in RCP 97/23.
Reference:
Ext.A3
Document Type:
Rent Kychit
Submitted By:
Plaintiff
Relevance:
This document is the rent agreement executed by the respondent in favor of the petitioner.
Reference:
Ext.A4
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the notice sent to the respondent in RCP 98/23 regarding the demand for rent and eviction.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the sending of the lawyer notice to the respondent in RCP 98/23.
Reference:
Ext.A6
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document confirms receipt of the notice by the respondent in RCP 98/23.
Reference:
Ext.A7
Document Type:
Kychit
Submitted By:
Plaintiff
Relevance:
This document is the agreement executed by the respondent in favor of the petitioner in RCP 98/23.
Reference:
Ext.A8
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This is an official certificate issued by KSEB related to the petitioner.
Reference:
Ext.A9
Document Type:
Certificate
Submitted By:
Plaintiff
Relevance:
This is another official certificate issued by KSEB related to the petitioner.
Reference:
Ext.A10
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 Madathil Amina vs Abdul Latheef et al regarding eviction under Section 11 of the Kerala Buildings Lease and Rent Control Act 1965.
Case Code Year
Case between Madathil Amina vs Abdul Latheef et al regarding eviction under Section 11 of the Kerala Buildings Lease and Rent Control Act 1965.