Case Summary
P M Rajina Mariyam and P M Muhammed Noufal filed a petition against Valiyaparambath Sasidharan for eviction from a rental property. The petitioners claim the respondent has not paid rent and has ceased to occupy the premises for an extended period.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Petitioners are entitled to eviction of the respondent and recovery of arrears of rent.
Case Type
Rent Control Petition
Final Judgment
No
The court ruled in favor of the petitioners, allowing the eviction of the respondent from the rental property due to non-payment of rent and prolonged vacancy.
Why Plaintiff Won:
The petitioners provided unchallenged evidence that the respondent failed to pay rent and did not occupy the premises.
The petitioners provided unchallenged evidence that the respondent failed to pay rent and did not occupy the premises.
Losing Side's Weaknesses:
The petitioners provided unchallenged evidence that the respondent failed to pay rent and did not occupy the premises.
The petitioners provided unchallenged evidence that the respondent failed to pay rent and did not occupy the premises.
Supporting Evidence
PW1 also deposed that the petition schedule room remained closed for more than 6 months. His evidence remains unchallenged. I find no reason to discard his evidence.
Judgment Evidence:
1) The petitions are allowed u/s.11(2)(b), 11(4)(ii) and 11(4)(v) of Kerala Buildings (Lease and Rent Control)the Act. 2) The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P M Rajina Mariyam
- Party Age
- 44
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- P M Muhammed Noufal
- Party Age
- 53
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Valiyaparambath Sasidharan
- Party Age
- 77
- Relation
- S/o
Plaintiffs Documents
Kooli Kaichit, Copy of lawyer notice, Returned postal envelope, Counter foil of rent receipt book, Rent receipt book, Original settlement deed No.294/11 of SRO, Kozhikode, Original settlement deed No.598/11 of SRO, Kozhikode
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B.M.Shamsuddin
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. C.Shajir
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.Sreekanth
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Swaroop
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Jyothiprasad.K.V
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondents are directed to surrender vacant possession of the room.
Evidence:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Recovery
Outcome:
Conditional Grant
Description:
Respondents must pay arrears of rent to avoid eviction.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.37,500/- from 01.07.2019 till 31.03.2022 with interest at the rate of 6% per annum and costs of this proceedings within one month from today, order u/s.11(2)(b) will be vacated.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to get costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Original settlement deed
Submitted By:
Plaintiff
Relevance:
These exhibits were marked to support the petitioners' claims regarding the ownership and rental agreement.
Reference:
Exts.A1 to A7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This document was filed by the advocate to provide evidence regarding the condition of the property.
Reference:
Ext.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
This sketch was submitted to support the commission report.
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
R.C.P
Case Code Year
2022