Case Summary
The petitioner, Pramod, filed a petition seeking eviction of the respondent, Rahul Chakravani, due to non-payment of rent for shop rooms. The court found that the respondent had kept the rent in arrears and the petitioner required the premises for his textile business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premise and costs of the proceedings.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction and directed the respondent to vacate the premises.
Why Plaintiff Won:
The petitioner proved the tenure of tenancy, the arrears in rent, and the need for the shop rooms for his business.
The petitioner proved the tenure of tenancy, the arrears in rent, and the need for the shop rooms for his business.
Losing Side's Weaknesses:
The petitioner proved the tenure of tenancy, the arrears in rent, and the need for the shop rooms for his business.
The petitioner proved the tenure of tenancy, the arrears in rent, and the need for the shop rooms for his business.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the plaint. He deposed that respondent is his tenant. He deposed that respondents kept the rent in arrears. PW1 also contended that scheduled building is required by him to commence a business.
Judgment Evidence:
In the result, 1) The petition is allowed u/s.11(2)(b) and 11(3) of 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
- Pramod
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rahul Chakravani
- Party Age
- 31
Plaintiffs Documents
Original License Agreement dated 25.01.2022, Copy of Lawyer Notice dated 09.01.2025, Postal Receipt dated 09.01.2025, Copy of Death Certificate of Apputty, Legal heir ship Certificate of Apputty.
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Smt. Sindhu. K.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The 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:
Partly Granted
Description:
Petitioner is entitled to the arrears of rent with interest.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.7,88,283/- (Rupees Seven Lakhs Eighty Eight Thousand Two Hundred And Eighty Three Only) from April 2023 to December 2024 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 these proceedings.
Evidence:
Petitioner is entitled to get costs of these proceedings.
Documents & Evidence
Document Type:
Original license agreement
Submitted By:
Plaintiff
Relevance:
The original agreement under which the shop rooms were leased to the respondent.
Reference:
Ext.A1
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice related to the arrears of rent.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for postal communication regarding the case.
Reference:
Ext.A3
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Cover that was undelivered related to the notice.
Reference:
Ext.A4
Document Type:
Copy of Death Certificate of Apputty
Submitted By:
Plaintiff
Relevance:
Death certificate proving the relationship and rights of the petitioner over the property.
Reference:
Ext.A5
Document Type:
Photocopy of Legal heirship Certificate of Apputty
Submitted By:
Plaintiff
Relevance:
Legal heirship certificate establishing the claim of the petitioner over the property.
Reference:
Ext.A6
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
Case between Pramod vs Rahul Chakravani regarding eviction of tenant due to unpaid rent
Case Code Year
Case between Pramod vs Rahul Chakravani regarding eviction of tenant due to unpaid rent