Case Summary
The case involves Mrs. Parvathy Rabindranathan and others seeking eviction of the respondents from a shop building. The petitioners argue that the lease has expired and they require the building for conducting a supermarket.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to surrender the vacant possession of the petition schedule shop building within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondents to surrender the vacant possession of the shop building within one month.
Why Plaintiff Won:
The evidence of PW1 and the documents produced by him stands unchallenged.
The evidence of PW1 and the documents produced by him stands unchallenged.
Losing Side's Weaknesses:
The evidence of PW1 and the documents produced by him stands unchallenged.
The evidence of PW1 and the documents produced by him stands unchallenged.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged. Hence, the petitioners are entitled to get eviction as sought for.
Judgment Evidence:
In the result, the petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act. That the respondents are hereby directed to surrender the vacant possession of the petition schedule shop building within one month from today, failing which the petitioners can get the order executed through the procedure known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mrs. Parvathy Rabindranathan
- Party Age
- 79
- Relation
- W/o.Late K.P.Rabindranathan
- Party Role
- Plaintiff
- Party Name
- Lt. Gen. K.Surendranath PVSM
- Party Age
- 60
- Relation
- S/o.Late K.P. K.P.Rabindranathan
- Party Role
- Plaintiff
- Party Name
- Mr. Arun Kumar Rabindranath
- Party Age
- 56
- Relation
- S/o.Late K.P. K.P.Rabindranathan
- Party Role
- Plaintiff
- Party Name
- Mrs. Anuradha Rabindranath Antony
- Party Age
- 53
- Relation
- D/o.Late K.P. K.P.Rabindranathan
- Party Role
- Defendant
- Party Name
- Hassan.K
- Relation
- S/o.Chekkutty
- Party Role
- Defendant
- Party Name
- Kunhali
- Party Age
- 69
- Relation
- S/o.Chekkutty
- Party Role
- Defendant
- Party Name
- Moideenkoya
- Party Age
- 63
- Relation
- S/o.Chekkutty
- Party Role
- Defendant
- Party Name
- Muhammedali
- Party Age
- 61
- Relation
- S/o.Chekkutty
Plaintiffs Documents
Copy of Lawyer notice, Certified copy of Legal heirship certificate, Certified copy pension payment order, Certified copy of Commission Report and sketch.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Gireesh.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.B.Sivarama Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to surrender the vacant possession of the shop building.
Evidence:
The petition is allowed under Section 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The respondents shall pay the costs of the proceedings to the petitioners.
Evidence:
The respondents shall pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document served as a formal communication regarding the eviction.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document corroborates the delivery of the lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document further confirms the delivery of the lawyer notice.
Reference:
Ext.A1(b)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document acknowledges the receipt of the lawyer notice.
Reference:
Ext.A1(c)
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
This document is related to the communication attempts for eviction.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent to the respondent regarding eviction.
Reference:
Ext.A3
Document Type:
Kachit
Submitted By:
Plaintiff
Relevance:
This document pertains to the original lease agreement.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This certificate establishes the petitioners' claim to the property.
Reference:
Ext.A5
Document Type:
Pension payment order
Submitted By:
Plaintiff
Relevance:
This document provides proof of the second petitioner's financial status.
Reference:
Ext.A6
Document Type:
Commission Report and Sketch
Submitted By:
Plaintiff
Relevance:
This document provides evidence related to the property in question.
Reference:
Ext.A7
Document Type:
Commission Report and Sketch
Submitted By:
Plaintiff
Relevance:
This document further supports the evidence regarding the property.
Reference:
Ext.A8
Document Type:
Commission Report, Surveyor’s Plan
Submitted By:
Plaintiff
Relevance:
This document details the survey of the property in question.
Reference:
Ext.A9
Document Type:
Engineers Report
Submitted By:
Plaintiff
Relevance:
This document supports the required modifications for the supermarket.
Reference:
Ext.A9(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Expiry of lease period
Case Code
Case between Mrs. Parvathy Rabindranathan et al vs Hassan.K et al regarding eviction of tenants
Case Code Year
Case between Mrs. Parvathy Rabindranathan et al vs Hassan.K et al regarding eviction of tenants