Case Summary
Mundoli Abdu Rasak, the petitioner, filed a rent control petition against K. P. Assankoya and A. Ummer for eviction due to non-payment of rent and illegal sub-letting. The petitioner claims that the first respondent has failed to pay rent since July 2016 and has sub-let the property without permission.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule building and payment of costs.
Case Type
Rent Control
Final Judgment
No
The court allowed the rent control petition, ordering the eviction of the respondents from the petition schedule building based on non-payment of rent, illegal sub-letting, and bona fide need demonstrated by the petitioner.
Why Plaintiff Won:
The petitioner successfully demonstrated that the tenant had kept rent in arrears and engaged in illegal sub-letting.
The petitioner successfully demonstrated that the tenant had kept rent in arrears and engaged in illegal sub-letting.
Losing Side's Weaknesses:
The petitioner successfully demonstrated that the tenant had kept rent in arrears and engaged in illegal sub-letting.
The petitioner successfully demonstrated that the tenant had kept rent in arrears and engaged in illegal sub-letting.
Supporting Evidence
The court found the evidence presented by the petitioner credible and sufficient to establish the tenant's failure to pay rent and the unauthorized sub-letting.
Judgment Evidence:
The rent control petition is allowed under section 11(2)(b), section 11 (3), section 11 (4) (i) and section 11 (4) (iii) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mundoli Abdu Rasak
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- K. P. Assankoya
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- A. Ummer
- Party Age
- 52
Plaintiffs Documents
Registered lease deed No.3226/1991, registered lawyer notice dated 16.03.2022, notebook pertaining to receipt of rent.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. M. Shamsudheen
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.C.Satheesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner seeks eviction of the first respondent for non-payment of rent.
Evidence:
Hence, the petitioner is entitled to an order of eviction under section 11 (3) as sought for.
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner seeks eviction due to sub-letting by the first respondent.
Evidence:
Hence, without further discussion, it can be held that the respondent No 1 had sub let the petition schedule building to second respondent for consideration.
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioner claims the first respondent possesses another building not necessary for his needs.
Evidence:
Hence, the petitioner has been successful in proving that he is entitled to an order of eviction under section 11 (4)(iii) of the Act as well.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner is entitled to costs of the proceedings.
Evidence:
I find no reason to deviate from the normal rule.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The petitioner issued this notice to the first respondent calling for payment of rent arrears.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This reply notice was received from the first respondent in response to the petitioner's lawyer notice.
Reference:
Ext.A2
Document Type:
Registered Lease Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the rental agreement between the petitioner and the first respondent.
Reference:
Ext.A3
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
This RTI reply from Kozhikode Municipal Corporation supports the petitioner's claims.
Reference:
Ext.A4
Document Type:
RTI Reply
Submitted By:
Plaintiff
Relevance:
This RTI reply from the Assistant Labour Officer verifies information relevant to the case.
Reference:
Ext.A5
Document Type:
Notebook
Submitted By:
Plaintiff
Relevance:
This notebook pertains to the receipt of rent from the first respondent and supports the petitioner's claims.
Reference:
Ext.A6
Document Type:
Certified Copy of Deed
Submitted By:
Plaintiff
Relevance:
This document provides ownership evidence for the premises in question.
Reference:
Ext.A7
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
These receipts were submitted to support the respondent's claims of having paid the rent.
Reference:
Ext.B1 series
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report by the Advocate Commissioner contains findings regarding the premises.
Reference:
Ext.C1 series
Case Classification
Case Type
Rent Control
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 Mundoli Abdu Rasak vs K. P. Assankoya et al regarding eviction due to non-payment of rent and sub-letting
Case Code Year
Case between Mundoli Abdu Rasak vs K. P. Assankoya et al regarding eviction due to non-payment of rent and sub-letting