Case Summary
M/S. Parisons Infrastructure Pvt. Ltd. filed a petition against O. Girish Kumar for the enhancement of rent for a shop room and eviction due to non-payment. The petitioner claims the respondent has not paid rent since December 2010.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Fair rent fixed at Rs. 7,000 per month with periodical enhancement of 10% every year.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and fixed the fair rent for the shop room at Rs. 7,000 per month while ordering the respondent to vacate the premises within two months.
Why Plaintiff Won:
The court found the respondent had not paid the rent and that the claim for enhanced fair rent was justified based on market conditions.
The court found the respondent had not paid the rent and that the claim for enhanced fair rent was justified based on market conditions.
Losing Side's Weaknesses:
The court found the respondent had not paid the rent and that the claim for enhanced fair rent was justified based on market conditions.
The court found the respondent had not paid the rent and that the claim for enhanced fair rent was justified based on market conditions.
Supporting Evidence
The petitioner is a Private Limited company and it is represented by its Director. The specific case of the petitioner is that the petition schedule shop room was purchased by the petitioner as per jenmam assignment deed No.871/2010 dated 17.12.2010 for adequate consideration from its former owner.
Judgment Evidence:
In the result, the petition is allowed under Secs.11(2)(b) and 5(1) as follows; 1. That the respondent shall put the petitioners in possession of the petition schedule room within two months from today, failing which the petitioner can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- M/S. Parisons Infrastructure Pvt. Ltd.
- Relation
- represented by
- Party Role
- Defendant
- Party Name
- O. Girish Kumar
- Party Age
- 42
- Relation
- S/o
Plaintiffs Documents
Certified copy of the extract from the minutes of meeting, Copy of Lawyer Notice, Notice issued by Parisons Company to Girishkumar, Rent kachit entered into between Ayshabee and Khalid.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Harish Babu P.N.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Aswin Narayan
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- N. Manoj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent shall put the petitioners in possession of the petition schedule room within two months.
Evidence:
The respondent shall put the petitioners in possession of the petition schedule room within two months from today, failing which the petitioner can get the order executed through the process of law.
Relief Type:
Declaration
Outcome:
Granted
Description:
The fair rent of the petition schedule building is fixed as Rs. 7,000/- per month.
Evidence:
The fair rent of the petition schedule building is fixed as Rs. 7,000/- (Rupees Seven Thousand only) per month with effect from the date of petition.
Relief Type:
Other
Outcome:
Granted
Description:
There shall be a periodical enhancement of the rent.
Evidence:
There shall be a periodical enhancement @ 10% of the prevailing rent, every year.
Relief Type:
Other
Outcome:
Granted
Description:
The respondent shall pay the cost of the petition.
Evidence:
The respondent shall pay the cost of the petition.
Documents & Evidence
Document Type:
Certified copy of the extract from the minutes of the meeting of the board of directors
Submitted By:
Plaintiff
Relevance:
This document shows that PW1 was empowered by the company to represent the petitioner company and to file the petition.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice demands the respondent to pay the arrears of rent and the minimum fair rent.
Reference:
Ext.A2
Document Type:
Notice issued by Parisons Company
Submitted By:
Plaintiff
Relevance:
This notice intimated the respondent about the transfer of ownership of the shop room.
Reference:
Ext.A3
Document Type:
Rent kachit
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the prevailing rent for similar shop rooms in the locality.
Reference:
Ext.A4
Document Type:
Advocate Commissioner's Report
Submitted By:
Court
Relevance:
This report evaluates the condition of the petition schedule shop room and its commercial location.
Reference:
Ext.C1
Document Type:
Advocate Commissioner's Report
Submitted By:
Court
Relevance:
A supplementary report relevant to the findings on the petition schedule shop room.
Reference:
Ext.C1(a)
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 M/S. Parisons Infrastructure Pvt. Ltd. vs O. Girish Kumar regarding enhancement of fair rent
Case Code Year
Case between M/S. Parisons Infrastructure Pvt. Ltd. vs O. Girish Kumar regarding enhancement of fair rent