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Rent Control Petition No: 97/2021

Case between N.Sameema et al vs U.Satheesh Kumar et al regarding eviction of tenants

Court
COURT OF RENT CONTROLLER / PRINCIPAL MUNSIFF – I, KOZHIKODE
Judge
Sri.Vivek.P
Order Date
2025-01-09
Duration
approximately-8 years 8 months
Case Closed
Thu, 01/09/2025 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

The petitioners N.Sameema and others seek eviction of the respondents U.Satheesh Kumar and others from the scheduled shop rooms due to non-payment of rent. The petitioners argue that they require the premises for establishing a supermarket to support their livelihoods.

Judgment Outcome

Plaintiff Won
Interim Order
The court allowed the petitions, directing the respondents to vacate the premises and hand over possession to the petitioners.
Judgment Favored
Plaintiff
Relief Granted
Respondents are directed to put the petitioners in possession of the scheduled shop rooms within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petitions, directing the respondents to vacate the premises and hand over possession to the petitioners.
Why Plaintiff Won:
The court found the eviction justified under Section 11(2)(b) and 11(3) of the KBLR Act due to non-payment of rent.
Losing Side's Weaknesses:
Not available
Supporting Evidence
Evidence showed that the respondents had kept rent in arrears from June 2019, justifying the eviction under Section 11(2)(b) of the KBLR Act.

Judgment Evidence:

The respondents are hereby directed to put the petitioners in possession of the petition schedule shop room within a period of two months from today, failing which the petitioners can execute the present order with the assistance of the Court.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
N.Sameema
Party Age
56
Relation
D/o
Party Role
Plaintiff
Party Name
K.M.Rubeena
Party Age
51
Relation
D/o
Party Role
Plaintiff
Party Name
Mariya Sahida
Party Age
42
Relation
D/o
Party Role
Plaintiff
Party Name
Cheriya Arakkal Ayisabi
Party Age
66
Relation
W/o
Party Role
Plaintiff
Party Name
Cheriya Arakkal Sakeer Hussain
Party Age
49
Relation
S/o
Party Role
Defendant
Party Name
U.Satheesh Kumar
Party Age
44
Relation
S/o
Party Role
Defendant
Party Name
A.T.Sussanth Kumar
Party Age
44
Relation
S/o
Plaintiffs Documents
Rent agreement, Legal Notice, Rent Receipts
Defendants Documents
Reply Notices

Advocates

Party Role
Plaintiff
Advocate Name
N.Rajendra Babu
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
K.P.Anil Kumar
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Swathi
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
M.Jayadeep
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sreeraj.P.N
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
G.Manohar Lal
Appearance Type
Main Counsel

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
The respondents are directed to vacate the petition schedule shop room.
Evidence:
The respondents are hereby directed to put the petitioners in possession of the petition schedule shop room within a period of two months from today.
Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to vacate the petition schedule shop room.
Evidence:
The respondent is hereby directed to put the petitioners in possession of the petition schedule shop room within a period of two months from today.
Relief Type: Eviction
Outcome: Granted
Description:
The respondents are directed to vacate the petition schedule shop room.
Evidence:
The respondents are hereby directed to put the petitioners in possession of the petition schedule shop room within a period of two months from today.
Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to vacate the petition schedule shop room.
Evidence:
The respondent is hereby directed to put the petitioners in possession of the petition schedule shop room within a period of two months from today.
Relief Type: Eviction
Outcome: Granted
Description:
The respondent is directed to vacate the petition schedule shop room.
Evidence:
The respondent is hereby directed to put the petitioners in possession of the petition schedule shop room within a period of two months from today.

Documents & Evidence

Document Type: Rent Agreement
Submitted By: Court
Relevance:
Executed between the petitioners and the respondents for the scheduled premises.
Reference:
Ext.A1
Document Type: Statutory Notice
Submitted By: Court
Relevance:
Issued to the respondents regarding default of payment and eviction.
Reference:
Ext.A2
Document Type: Reply Notice
Submitted By: Court
Relevance:
Response from the respondents addressing the claims made in the notice.
Reference:
Ext.A4
Document Type: Lease Agreement
Submitted By: Court
Relevance:
Related to the scheduled shop room from RCP 98/21.
Reference:
Ext.A8
Document Type: Statutory Notice
Submitted By: Court
Relevance:
Issued to the respondent in RCP 98/21 regarding outstanding rent.
Reference:
Ext.A9
Document Type: Lease Agreement
Submitted By: Court
Relevance:
Related to the scheduled shop room from RCP 105/21.
Reference:
Ext.A11
Document Type: Statutory Notice
Submitted By: Court
Relevance:
Issued to the respondent in RCP 105/21 regarding outstanding rent.
Reference:
Ext.A12
Document Type: Lease Agreement
Submitted By: Court
Relevance:
Related to the scheduled shop room from RCP 107/21.
Reference:
Ext.A16
Document Type: Statutory Notice
Submitted By: Court
Relevance:
Issued to the respondent in RCP 107/21 regarding outstanding rent.
Reference:
Ext.A17
Document Type: Lease Agreement
Submitted By: Court
Relevance:
Related to the scheduled shop room from RCP 114/21.
Reference:
Ext.A21
Document Type: Statutory Notice
Submitted By: Court
Relevance:
Issued to the respondent in RCP 114/21 regarding outstanding rent.
Reference:
Ext.A22

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 N.Sameema et al vs U.Satheesh Kumar et al regarding eviction of tenants
Case Code Year
Case between N.Sameema et al vs U.Satheesh Kumar et al regarding eviction of tenants

Quick Facts

Location
Kozhikode District
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Case Filed
Sun, 05/01/2016 - 12:00
Case Closed
Thu, 01/09/2025 - 12:00
From
Wed, 01/01/2025 - 12:00
To
Fri, 01/31/2025 - 12:00
Outcome Confidence
85%

Involved Entities

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