Case Summary
Marykutty, the petitioner, seeks eviction of respondent Raheena. P. K from a rental property due to unpaid rents and her need for the premises to start a business. The respondent has failed to respond or vacate despite notice.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises within one month and payment of costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by Marykutty against Raheena. P. K due to non-payment of rent and the petitioner's bonafide need for the premises.
Why Plaintiff Won:
The petitioner established her bonafide need for the premises and the respondent's failure to pay rent.
The petitioner established her bonafide need for the premises and the respondent's failure to pay rent.
Losing Side's Weaknesses:
The petitioner established her bonafide need for the premises and the respondent's failure to pay rent.
The petitioner established her bonafide need for the premises and the respondent's failure to pay rent.
Supporting Evidence
The court is satisfied that the relation between parties is that of lessor and lessee. The petitioner has established that she is entitled to an order under section 11 (2)(b) of the Act.
Judgment Evidence:
In the result, 1.The rent control petition is allowed under section 11(2)(b) and section 11 (3) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Marykutty
- Party Age
- 72
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Raheena. P. K
- Party Age
- 49
- Relation
- W/o
Plaintiffs Documents
License agreement dated 01.01.2023, Copy of lawyer notice dated 05.02.2025, Postal receipt dated 06.03.2023, Unserved notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T. K. Shibu
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to an order of eviction under sections 11(2)(b) and 11(3) of the Act.
Evidence:
In view of the foregoing discussion, this court is of the considered view that the petitioner is entitled to an order of eviction under all grounds canvassed by her.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent is directed to pay costs of the proceedings to the petitioner.
Evidence:
The normal rule is that cost shall follow event. I find no reason to deviate from the normal rule.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the relationship between the petitioner and respondent as lessor and lessee.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued to the respondent calling upon them to surrender the premises.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of the notice sent to the respondent.
Reference:
Ext.A3
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document confirms that the notice to the respondent was unclaimed.
Reference:
Ext.A4
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 Marykutty vs Raheena. P. K regarding eviction under rent control.
Case Code Year
Case between Marykutty vs Raheena. P. K regarding eviction under rent control.