Case Summary
The petitioners, Mambally Thazhekuniyil Yusuf Haji and others, are seeking eviction of the respondent, Aswin.M.P, due to non-payment of rent. The respondent has failed to pay rent from September 2020 and has been set ex parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction order and costs of the proceedings
Case Type
Rent Control
Final Judgment
No
The court allowed the rent control petition, directing the respondent to vacate the premises and pay costs.
Why Plaintiff Won:
The petitioners established that the respondent failed to pay the rent as agreed.
The petitioners established that the respondent failed to pay the rent as agreed.
Losing Side's Weaknesses:
The petitioners established that the respondent failed to pay the rent as agreed.
The petitioners established that the respondent failed to pay the rent as agreed.
Supporting Evidence
From his oral evidence and the documents produced, the PW1 has established that petitioners are entitled to an order under section 11 (2)(b) of the Act.
Judgment Evidence:
The rent control petition is allowed under section section 11 (2)(b) of the Kerala Buildings (Lease and Rent Control) Act 1965. The respondent is directed to put the petitioners in vacant possession of the petition schedule building within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mambally Thazhekuniyil Yusuf Haji
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mambally Thazhekuniyil Usman Haji
- Party Age
- 65
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thandarakandiyil Mohamood Haji
- Party Age
- 70
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mambally Thazhekuniyi Aseez
- Party Age
- 43
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mambally thazhekniyil Illyas
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Aswin.M.P
- Party Age
- 32
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice dated 08.11.2022, Postal receipt dated 09.11.2022, Postal acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.P.Radhakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Asha Antony
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.S.Vivek
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought an eviction order against the respondent for non-payment of rent.
Evidence:
The rent control petition is allowed under section section 11 (2)(b) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
The petitioners sought payment of arrears of rent from the respondent.
Evidence:
The petitioners have to institute a suit for the same.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners sought costs for the proceedings.
Evidence:
The respondent is also directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document served as the office copy of the notice sent to the respondent regarding the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the original postal receipt proving the dispatch of the notice to the respondent.
Reference:
Ext.A2
Document Type:
Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
This document is an unserved notice related to the rental arrears.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control
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 Mambally Thazhekuniyil Yusuf Haji et al vs Aswin.M.P regarding rent arrears and eviction
Case Code Year
Case between Mambally Thazhekuniyil Yusuf Haji et al vs Aswin.M.P regarding rent arrears and eviction