Case Summary
This petition is filed by P.M. Abid and Kadeeja P.M. against Kalyanathop Abdurahiman for eviction of a shop room. The petitioners allege that the respondent has not paid rent and has left the shop room closed for three years, causing damage.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule room
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to surrender vacant possession of the shop room within one month. Failure to comply will allow the petitioners to execute the order through legal means.
Why Plaintiff Won:
The petitioner established his case showing that the respondent had willfully ceased to occupy the shop room and had not paid the rent.
The petitioner established his case showing that the respondent had willfully ceased to occupy the shop room and had not paid the rent.
Losing Side's Weaknesses:
The petitioner established his case showing that the respondent had willfully ceased to occupy the shop room and had not paid the rent.
The petitioner established his case showing that the respondent had willfully ceased to occupy the shop room and had not paid the rent.
Supporting Evidence
The evidence of PW1 and the documents relied upon him remained unchallenged. As such, I find that the petitioner has established his case.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b), (3) & 11(4)(ii) follows: 1) The respondent is hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- P.M. Abid
- Party Age
- 60
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kadeeja P.M.
- Party Age
- 54
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kalyanathop Abdurahiman
- Party Age
- 68
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv. Sakkeer K. to Kalyanathopp Abdurahiman, Original Kooli kachit, Original Power of Attorney, Legal heirship certificate.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Sakkeer K.
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Rafeeque P.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Direction to surrender vacant possession of the shop room.
Evidence:
The respondent is hereby directed to surrender vacant possession of the petition schedule room within one month from today, failing which the petitioner can get the order executed through the process of law.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by Adv. Sakkeer K. to the respondent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the notice.
Reference:
Ext.A1(a)
Document Type:
Returned Registered Cover
Submitted By:
Plaintiff
Relevance:
Proof of the notice being returned.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the notice.
Reference:
Ext.A2(a)
Document Type:
Original Kooli kachit
Submitted By:
Plaintiff
Relevance:
Lease agreement executed by the respondent.
Reference:
Ext.A3
Document Type:
Original power of attorney
Submitted By:
Plaintiff
Relevance:
Document enabling petitioners to manage the shop room.
Reference:
Ext.A4
Document Type:
Legal heirship certificate
Submitted By:
Plaintiff
Relevance:
Proof of the petitioners' legal heirship.
Reference:
Ext.A5
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 P.M. Abid et al vs Kalyanathop Abdurahiman regarding eviction of shop room
Case Code Year
Case between P.M. Abid et al vs Kalyanathop Abdurahiman regarding eviction of shop room