Case Summary
Mundoli Mayin, the petitioner, filed for eviction against Nazeer, the respondent, due to default in rent payment and for bonafide need of the premises for business. The case involves claims of unpaid rent and modifications made by the respondent without consent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule premises and recovery of costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction and directed the respondent to vacate the premises within one month.
Why Plaintiff Won:
The petitioner provided sufficient evidence of unpaid rent and bonafide need for eviction.
The petitioner provided sufficient evidence of unpaid rent and bonafide need for eviction.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of unpaid rent and bonafide need for eviction.
The petitioner provided sufficient evidence of unpaid rent and bonafide need for eviction.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged. However, there is no evidence to show that the modifications and alterations made in petition schedule property are permanent and diminished the utility of petition schedule property.
Judgment Evidence:
In the result, the petition is allowed under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 as follows: 1)The respondent is hereby directed to hand over vacant possession of the petition schedule premises to the petitioner within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Mundoli Mayin
- Party Age
- 69
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mohammed Rafeeque
- Relation
- Son
- Party Role
- Defendant
- Party Name
- Nazeer
- Party Age
- 43
- Relation
- S/o
Plaintiffs Documents
Copy of Judgment in OS 1004/2015, Copy of Decree in OS 1004/2015, Lawyer notice sent by petitioner to respondent, Lawyer notice sent by Petitioner’s Advocate, Copy of lawyer notice sent by Respondent to petitioner.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.K.Lakshmi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. K.Muhammed Iqbal
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to hand over vacant possession of the petition schedule premises to the petitioner.
Evidence:
The respondent is hereby directed under Sections 11(2)(b), 11(3) and 11(4)(iii) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule premises to the petitioner within one month from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is allowed to realise the entire costs of the petition from the respondent.
Evidence:
The petitioner is allowed to realise the entire costs of the petition from the respondent and his assets.
Documents & Evidence
Document Type:
Copy of judgment
Submitted By:
Plaintiff
Relevance:
This document is a copy of the judgment in the related suit OS 1004/2015, which supports the petitioner's claims.
Reference:
Ext.A1
Document Type:
Copy of decree
Submitted By:
Plaintiff
Relevance:
This document is a decree from the related suit OS 1004/2015, relevant to the petitioner's claims.
Reference:
Ext.A2
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the petitioner to the respondent, demanding payment of arrears of rent.
Reference:
Ext.A3
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent by the petitioner's advocate, further demanding arrears of rent from the respondent.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt of the lawyer notice sent to the respondent.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document provides evidence of mailing the lawyer notice to the respondent.
Reference:
Ext.A4(b)
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was issued by the respondent to the petitioner in response to the demands made.
Reference:
Ext.A5
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report is related to the inspection of the property and supports the court's decision on eviction.
Reference:
Ext.C1
Document Type:
Advocate Commissioner’s Plan
Submitted By:
Court
Relevance:
This document provides a plan from the advocate commissioner regarding the property in question.
Reference:
Ext.C1(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
Non-payment of rent
Case Code
Case between Mundoli Mayin vs Nazeer regarding eviction of tenant
Case Code Year
Case between Mundoli Mayin vs Nazeer regarding eviction of tenant