Case Summary
The petitioners, Mohammed Ashraf and his wife Kakkottu Kalleri Shahina, are seeking eviction of the respondent Shihabudeen T. from a shop room they jointly purchased. The petitioners claim the respondent has not occupied the room for more than a year and have illegally extended the front area.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to surrender vacant possession of the petition schedule room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed as the evidence showed that the respondent had ceased to occupy the shop for more than one year.
Why Plaintiff Won:
The unchallenged evidence of the petitioners supported their claim for eviction.
The unchallenged evidence of the petitioners supported their claim for eviction.
Losing Side's Weaknesses:
The unchallenged evidence of the petitioners supported their claim for eviction.
The unchallenged evidence of the petitioners supported their claim for eviction.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1to A3 & Ext.C1 series would show that the petitioners are entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3) and 11(4)(v) of KBLR Act as follows: The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mohammed Ashraf
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kakkottu Kalleri Shahina
- Party Age
- 50
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Shihabudeen T.
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Lawyer notice sent by Adv. Anil Viswanath to Shihabudhin, Acknowledgement, Door lock notice issued by K.S.E.B. Areekad to Mohammed Ashraf
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Anil Viswanath
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- N.V.P. Rafeeque
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioners prayed for eviction of the respondent from the petition schedule shop room.
Evidence:
The unchallenged evidence of PW1 and Exts. A1to A3 & Ext.C1 series would show that the petitioners are entitled to an order of eviction as prayed for.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioners are entitled to realize the costs from the respondent.
Evidence:
The petitioners are entitled to realize the costs from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Advocate Anil Viswanath to inform the respondent.
Reference:
Ext.A1
Document Type:
Acknowledgement
Submitted By:
Plaintiff
Relevance:
Received acknowledgment related to the lawyer notice.
Reference:
Ext.A2
Document Type:
Door lock notice
Submitted By:
Plaintiff
Relevance:
Issued by K.S.E.B. to inform the petitioner about the door lock.
Reference:
Ext.A3
Document Type:
Commissioner Report
Submitted By:
Court
Relevance:
Submitted to provide findings and facts relevant to the case.
Reference:
Ext.C1
Document Type:
Commissioner Plan
Submitted By:
Court
Relevance:
Submitted to illustrate the area involved in the dispute.
Reference:
Ext.C1(a)
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 Mohammed Ashraf et al vs Shihabudeen T. regarding eviction from rental property
Case Code Year
Case between Mohammed Ashraf et al vs Shihabudeen T. regarding eviction from rental property