Case Summary
Mr. Ferose VP filed a petition against Mr. Waseem Thondikodan for eviction due to non-payment of rent. The respondent defaulted on rent payments since August 2023.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to surrender the vacant possession of the premises.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, and the respondent was directed to surrender the vacant possession of the premises to the petitioner. Costs can be realized from the respondent.
Why Plaintiff Won:
The unchallenged evidence of PW1 and Exts. A1 to A3 showed the petitioner's entitlement to eviction.
The unchallenged evidence of PW1 and Exts. A1 to A3 showed the petitioner's entitlement to eviction.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 and Exts. A1 to A3 showed the petitioner's entitlement to eviction.
The unchallenged evidence of PW1 and Exts. A1 to A3 showed the petitioner's entitlement to eviction.
Supporting Evidence
The evidence of PW1 supported by Ext. A1 to A3 stands unchallenged and unrebutted.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) of KBLR Act as follows: 1.That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr.Ferose VP
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Waseem Thondikodan
- Relation
- S/o
Plaintiffs Documents
Copy of legal aid notice sent by Abdul Gamal Nazar to Wasim, Thondikodan, Postal receipt, Returned Postal cover with acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Abdul Gamal Nazar
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. M.C.Ratnakaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner is entitled to an order of eviction.
Evidence:
The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Order of this court shall not be executed before the expiry of one month from the date of this order.
Evidence:
That the order of this court shall not be executed before the expiry of one month from the date of this order as mandated under Section 11(2)(c) of KBLR Act.
Documents & Evidence
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
True copy of the legal notice issued to the defendant.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the legal notice.
Reference:
Ext.A2
Document Type:
Returned Postal cover
Submitted By:
Plaintiff
Relevance:
Returned postal cover addressed to the respondent.
Reference:
Ext.A3
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 Mr.Ferose VP vs Mr.Waseem Thondikodan regarding eviction
Case Code Year
Case between Mr.Ferose VP vs Mr.Waseem Thondikodan regarding eviction