Case Summary
Moosa, the petitioner, seeks eviction of Abbas, the respondent, on grounds of non-payment of rent. The dispute revolves around the ownership and tenancy of the property where a chicken stall is located.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction under section 11(2)(a)(b) of the Act.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction based on the respondent's failure to pay rent. The respondent is ordered to vacate the property.
Why Plaintiff Won:
The petitioner proved ownership and the respondent's failure to pay rent.
The petitioner proved ownership and the respondent's failure to pay rent.
Losing Side's Weaknesses:
The petitioner proved ownership and the respondent's failure to pay rent.
The petitioner proved ownership and the respondent's failure to pay rent.
Supporting Evidence
The petitioner has also taken out a commission to prove his case. The advocate commissioner has reported that a board by the name Chiku Chicken Stall is displayed in the petition schedule room.
Judgment Evidence:
In the result, rent control petition is allowed. Petition is allowed under Section 11 (2) (a) (b) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Moosa
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Abbas
- Party Age
- 61
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice, Possession certificate issued by Nellikkode Village Officer, Ledger Account statement.
Defendants Documents
Certified copy of Deed No.1417/2005, Property Tax receipt issued from Kozhikode Corporation.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.M.G.Asokan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Abdul Nazar P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner sought eviction of the respondent from the petition schedule building.
Evidence:
The rent control petition is allowed under Section 11 (2) (a) (b) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Relief Type:
Recovery
Outcome:
Granted
Description:
Petitioner is also entitled to costs of the proceedings.
Evidence:
Respondent is also directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The petitioner issued this notice to call upon the respondent to pay the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice to the respondent.
Reference:
Ext.A1(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Received acknowledgment for the notice sent to the respondent.
Reference:
Ext.A1(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply from the respondent regarding the arrears of rent.
Reference:
Ext.A2
Document Type:
Janmam Assignment Deed
Submitted By:
Plaintiff
Relevance:
Establishes the ownership of the petitioner over the property.
Reference:
Ext.A3
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Confirms the possession of the petitioner over the petition schedule building.
Reference:
Ext.A4
Document Type:
Statement of Account
Submitted By:
Plaintiff
Relevance:
Details of the rent deposited by the respondent.
Reference:
Ext.A5
Document Type:
Ledger Account Statement
Submitted By:
Plaintiff
Relevance:
Shows the financial transactions relevant to the rent agreement.
Reference:
Ext.A6
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report filed by the Advocate Commissioner regarding the property.
Reference:
Ext.C1
Document Type:
Commissioner’s sketch
Submitted By:
Court
Relevance:
Sketch provided by the Advocate Commissioner as part of the report.
Reference:
Ext.C1(a)
Document Type:
Certified Copy of Deed
Submitted By:
Defendant
Relevance:
Document establishing previous transactions relating to the property.
Reference:
Ext.B1
Document Type:
Buildings Tax receipt
Submitted By:
Defendant
Relevance:
Tax receipt indicating the ownership details related to the building.
Reference:
Ext.B2
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Shows payment of property tax by the respondent on a specific date.
Reference:
Ext.B2(a)
Document Type:
Property Tax Receipt
Submitted By:
Defendant
Relevance:
Indicates another payment of property tax by the respondent.
Reference:
Ext.B2(b)
Document Type:
Property Tax payment receipt
Submitted By:
Defendant
Relevance:
A record pertaining to the payment of property tax.
Reference:
Ext.B2(c)
Document Type:
Property Tax payment receipt
Submitted By:
Defendant
Relevance:
Another receipt verifying property tax payment by the respondent.
Reference:
Ext.B2(d)
Document Type:
Property Tax payment receipt
Submitted By:
Defendant
Relevance:
Further receipt for property tax payment.
Reference:
Ext.B2(e)
Document Type:
Property payment receipt
Submitted By:
Defendant
Relevance:
Evidence of property tax payment by the respondent.
Reference:
Ext.B2(f)
Document Type:
Sale Agreement
Submitted By:
Defendant
Relevance:
Agreement regarding the sale of the property involved.
Reference:
Ext.B3
Document Type:
Photocopy of Electricity Bill Payment receipt
Submitted By:
Defendant
Relevance:
Receipt indicating payment of electricity bill relevant to the property.
Reference:
Ext.B4
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
Electricity bill indicating usage and responsibility for the property.
Reference:
Ext.B5
Document Type:
Photocopy of Electricity Bill Payment receipt
Submitted By:
Defendant
Relevance:
Another receipt showing payment of the electricity bill.
Reference:
Ext.B6
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 Moosa vs Abbas regarding eviction under rent control
Case Code Year
Case between Moosa vs Abbas regarding eviction under rent control