Case Summary
P.P. Aalikkoya filed a petition against Muhammad Sakkariya for arrears of rent and eviction from a rented room. The respondent defaulted in rent payment since June 2023 despite being notified.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and costs of the proceedings.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises within one month. The petitioner is entitled to costs.
Why Plaintiff Won:
The petitioner provided unchallenged evidence establishing the tenancy and arrears.
The petitioner provided unchallenged evidence establishing the tenancy and arrears.
Losing Side's Weaknesses:
The petitioner provided unchallenged evidence establishing the tenancy and arrears.
The petitioner provided unchallenged evidence establishing the tenancy and arrears.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the petition. He deposed that respondent is his tenant. He deposed that respondent kept the rent in arrears. His evidence is unchallenged.
Judgment Evidence:
In the result, the petition is allowed u/s.11(2)(b) of the Act. The respondent is 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.P. Aalikkoya
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammad Sakkariya
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Original Agreement of lease executed between Aminabi represented by Power of Attorney Holder P. P. Alikoya and Muhammed Sakkariya, Copy of lawyer notice, Postal receipt, Acknowledgment Card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. P.S. Ramalingam
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Direction to the respondent to surrender vacant possession of the room.
Evidence:
The respondent is directed to surrender vacant possession of the room within one month from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
Entitlement of the petitioner to recover rent amount due.
Evidence:
If the respondent pays or proves to be paid rent at the rate of Rs.7,79,233/- from June 2023 till 20/12/24 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:
Award of costs of the proceedings to the petitioner.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Original Agreement of lease
Submitted By:
Plaintiff
Relevance:
Marked in support of the plaintiff's claim regarding the lease agreement.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Indicates communication sent to the respondent regarding the outstanding rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice.
Reference:
Ext.A2(b)
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
2025