Case Summary
The petitioners, led by Puliyullathil Faizal, seek eviction of the respondent Ismail from a shop room due to non-payment of rent. The petitioners require the premises for their bonafide business needs.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondent is directed to handover vacant possession of the petition schedule premises to the petitioners.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the petitioners against the respondent. The respondent is to vacate the premises within one month.
Why Plaintiff Won:
The petitioners demonstrated a bonafide need for the premises and established that the respondent had failed to pay rent.
The petitioners demonstrated a bonafide need for the premises and established that the respondent had failed to pay rent.
Losing Side's Weaknesses:
The petitioners demonstrated a bonafide need for the premises and established that the respondent had failed to pay rent.
The petitioners demonstrated a bonafide need for the premises and established that the respondent had failed to pay rent.
Supporting Evidence
The evidence of PW1 goes to show that the need put forth by the petitioners is a bonafide one and they have no other vacant suitable buildings available in their possession for bonafide need. Moreover the respondent has kept the rent in arrears.
Judgment Evidence:
In the result, petition is allowed under section 11(2)(b) & 11(3) of the Act, as follows: Respondent is directed to handover vacant possession of the petition schedule premises to the petitioners within one month from today failing which, the petitioners are at liberty to evict the respondent by resorting to execution proceedings.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Puliyullathil Faizal
- Party Age
- 39
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Neroth Mariyam
- Party Age
- 62
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Neroth Aseena
- Party Age
- 42
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Neroth Abdul Rasheed
- Party Age
- 37
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Neroth Jaseena
- Party Age
- 34
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Ismail
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by Adv.K.B.Sahasranaman to respondent with Postal receipt and acknowledgment card, Reply notice sent by Adv.K.P.Gangadharan to Adv.K.B.Sahasranaman, Certified copy of order in RCP 132/2018.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K.B. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- K.P. Gangadharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Respondent is directed to handover vacant possession of the petition schedule premises to the petitioners.
Evidence:
The upshot of the above discussion is that the petitioners are entitled to get an order of eviction as sought for.
Relief Type:
Other
Outcome:
Granted
Description:
The order of eviction shall not be executed until the expiry of one month from the date of this order.
Evidence:
The order of eviction passed under Section 11(2)(b) of the Act shall not be executed until the expiry of one month from the date of this order.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners are entitled to realise the costs of the petition from the respondent.
Evidence:
Petitioners are entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent by Advocate K.B. Sahasranaman to respondent with Postal receipt and acknowledgment card.
Reference:
Ext.A1
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Reply notice sent by Advocate K.P. Gangadharan to Advocate K.B. Sahasranaman.
Reference:
Ext.A2
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
Certified copy of order in RCP 132/2018.
Reference:
Ext.A3
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 Puliyullathil Faizal et al vs Ismail regarding eviction of respondent from petition schedule premises.
Case Code Year
Case between Puliyullathil Faizal et al vs Ismail regarding eviction of respondent from petition schedule premises.