Case Summary
Plaintiff seeks eviction of defendant from the property due to non-payment of rent, alteration of premises, and unauthorized actions. Defendant remained ex-parte during trial.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction, Arrears of Rent, Damages for Use and Occupation
Case Type
Civil Suit - Eviction
Final Judgment
No
The court decreed the suit in favor of the plaintiff for eviction, arrears of rent, and damages for use and occupation.
Why Plaintiff Won:
Plaintiff proved through evidence of non-payment of rent, unauthorized alterations, and termination of tenancy.
Plaintiff proved through evidence of non-payment of rent, unauthorized alterations, and termination of tenancy.
Losing Side's Weaknesses:
Supporting Evidence
Since the tenancy is legally terminated, possession of the plaint schedule property by the defendant after the termination of the tenancy is unauthorized...
Judgment Evidence:
In the result, the suit is decreed as follows...
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moideenkutty @ Kunhava Haji
- Party Age
- 56
- Relation
- S/o. Pulikkal Koya Haji
- Party Role
- Defendant
- Party Name
- Puthenpeediyan Ali
- Party Age
- 40
- Relation
- S/o. Aboobacker Haji, Proprietor, Sini Bakery & Cool bar
Plaintiffs Documents
Jenm assignment deed, Registered lawyer notice, Postal receipt
Defendants Documents
Not mentioned
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K. V. Abdullakutty
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.Mehroof Shihab
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Dinesh Pookkayil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the defendant from the plaint schedule property within one month.
Evidence:
The defendant is directed to put the plaintiff in vacant possession...
Relief Type:
Arrears of Rent
Outcome:
Unknown
Description:
Realization of Rs.71,860 from the defendant and his assets towards arrears of rent.
Evidence:
The plaintiff is allowed to realize Rs.71,860 from the defendant...
Relief Type:
Damages for Use and Occupation
Outcome:
Unknown
Description:
Allowed to realize Rs.520 per day towards damages for use and occupation from 7.1.2014 till the defendant is vacated.
Evidence:
The plaintiff is allowed to realize Rs.520 per day towards damages for use...
Documents & Evidence
Document Type:
Jenm Assignment Deed
Submitted By:
Plaintiff
Relevance:
Proof of title and possession over the plaint schedule property.
Reference:
Ext.A1
Document Type:
Registered lawyer notice, Postal receipt
Submitted By:
Plaintiff
Relevance:
Evidence of termination of tenancy and demand for arrears of rent.
Reference:
Ext.A2a
Case Classification
Case Type
Civil Suit - Eviction
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Moideenkutty @ Kunhava Haji vs Puthenpeediyan Ali regarding eviction
Case Code Year
Case between Moideenkutty @ Kunhava Haji vs Puthenpeediyan Ali regarding eviction