Case Summary
The petitioners, Mr.Santhosh Kumar R, Mr.Sampath Kumar R, and Mr.Rekha Rao R are seeking eviction of the respondent, Mr.Asheel, from a shop room they own due to non-payment of rent and their need for the premises for their own business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room and realization of costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to surrender possession of the shop room within one month.
Why Plaintiff Won:
The evidence presented by the petitioners was unchallenged and demonstrated their entitlement to eviction.
The evidence presented by the petitioners was unchallenged and demonstrated their entitlement to eviction.
Losing Side's Weaknesses:
The evidence presented by the petitioners was unchallenged and demonstrated their entitlement to eviction.
The evidence presented by the petitioners was unchallenged and demonstrated their entitlement to eviction.
Supporting 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.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3) of KBLR Act as follows: 1) The respondent is hereby directed to surrender vacant possession of the petition schedule room within one month from today, failing which the petitioners can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mr.Santhosh Kumar R
- Party Age
- 76
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr.Sampath Kumar R
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mr.Rekha Rao R
- Party Age
- 72
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Mr.Asheel
- Relation
- S/o
Plaintiffs Documents
Copy of Legal heirship certificate of Ratnakar das Naik Rao, Copy of lawyer notice issued by Adv.T Arun Joshy to Asheel, Reply of lawyer notice issued by Adv.PS Ramalingam to Adv.Arun Joshi.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.T Arun Joshy
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender vacant possession of the petition schedule room.
Evidence:
It is pertinent to note that the evidence of PW1 supported by Ext. A1 to A3 stands unchallenged and unrebutted.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners can realize the costs from the respondent.
Evidence:
The petitioners can realize the costs from the respondent.
Documents & Evidence
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
This document establishes the legal heirship of the petitioners over the shop room.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the petitioner's advocate to the respondent demanding payment and possession.
Reference:
Ext.A2
Document Type:
Reply of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This reply was sent by the respondent's advocate, which contained false contentions.
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.Santhosh Kumar R et al vs Mr.Asheel regarding eviction of tenant
Case Code Year
Case between Mr.Santhosh Kumar R et al vs Mr.Asheel regarding eviction of tenant