Case Summary
O.K.Lasitha is the landlord who filed a Rent Control Petition against Janakiyamma.P.P for eviction due to non-payment of rent. The court found in favor of the petitioner, allowing the eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent directed to put the landlord in possession of the shop room
Case Type
Rent Control Petition
Final Judgment
No
The court ordered that all further proceedings in the Rent Control Petition are stopped and directed the respondent to put the landlord in possession of the shop room.
Why Plaintiff Won:
The respondent failed to comply with the court's directive to deposit admitted arrears of rent.
The respondent failed to comply with the court's directive to deposit admitted arrears of rent.
Losing Side's Weaknesses:
The respondent failed to comply with the court's directive to deposit admitted arrears of rent.
The respondent failed to comply with the court's directive to deposit admitted arrears of rent.
Supporting Evidence
The said proposition was reiterated in Suvarna vs Ibrahim kutty and Ors 2021 (6) KHC 250, J.Ramkumar vs Ashok Jacob 2022 (1) KHC 495 and Subeesh ve Vichathran 2023 ICO 1240. It is pertinent to note that this court as per order in IA 3/22 dated 30.11.2022 directed the respondent to deposit admitted arrears within a period of one month. That has not been complied with till date.
Judgment Evidence:
In the result, an order under section 12(3) of KBLR Act is passed as follows: 1. That all further proceedings in RCP2/21 are hereby stopped. 2. The respondent is hereby directed to put the landlord in possession of the petition schedule shop room within a period of one week from today, failing which petitioner is at liberty to execute the present order with the assistance of the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- O.K.Lasitha
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Janakiyamma.P.P
- Party Age
- 73
- Relation
- D/o
Plaintiffs Documents
Order in IA 3/2022, Petition documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gangadharan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Roopa.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Sujatha.K.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to put the landlord in possession of the petition schedule shop room.
Evidence:
The respondent is hereby directed to put the landlord in possession of the petition schedule shop room within a period of one week from today, failing which petitioner is at liberty to execute the present order with the assistance of the Court.
Relief Type:
Other
Outcome:
Granted
Description:
All further proceedings in RCP2/21 are hereby stopped.
Evidence:
That all further proceedings in RCP2/21 are hereby stopped.
Documents & Evidence
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 O.K.Lasitha vs Janakiyamma.P.P regarding eviction under KBLR Act
Case Code Year
Case between O.K.Lasitha vs Janakiyamma.P.P regarding eviction under KBLR Act