Case Summary
Puthanveettil Marsina filed a petition for eviction against Risana A due to non-payment of rent. The petitioner claims that the respondent has paid no rent since April 2023 despite requests.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room
Case Type
Eviction Petition
Final Judgment
No
The court allowed the eviction petition, directing the respondent to vacate the premises within one month.
Why Plaintiff Won:
The petitioner provided sufficient evidence of non-payment of rent.
The petitioner provided sufficient evidence of non-payment of rent.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of non-payment of rent.
The petitioner provided sufficient evidence of non-payment of rent.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged. As such, I find that the petitioner is entitled for an order of eviction as prayed for.
Judgment Evidence:
In the result, the petition is allowed under sections 11(2)(b) of the Kerala Buildings (Lease and Rent Control) Act as follows; 1)That the respondent is directed to surrender vacant possession of the petition schedule shop room within one month from today, failing which the petitioner can execute the same through process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Puthanveettil Marsina
- Party Age
- 48
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Risana. A
- Party Age
- 39
- Relation
- D/o
Plaintiffs Documents
Copy of Lawyer notice, Postal acknowledgment 2 Nos., Postal receipts 2 Nos., Coolie kacheet executed between petitioner and respondent, Rent agreement executed between petitioner and respondent
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. B. M. Shamsudhin
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Hadi Shabas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The court granted eviction of the respondent from the petition schedule shop room.
Evidence:
I find that the petitioner is entitled for an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the proceedings to the petitioner.
Evidence:
The respondent shall pay the costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was produced to support the claim of arrears of rent and the notice was sent to the respondent.
Reference:
Ext.A1
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt of the lawyer notice by the respondent.
Reference:
Ext.A1(a)
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
These receipts provide evidence related to the sending of the lawyer notice.
Reference:
Ext.A1(c)
Document Type:
Coolie Kacheet
Submitted By:
Plaintiff
Relevance:
This document shows the entrustment of the petition schedule property to the respondent.
Reference:
Ext.A2
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This agreement stipulates the terms of tenancy and the monthly rent.
Reference:
Ext.A3
Case Classification
Case Type
Eviction 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 Puthanveettil Marsina vs Risana. A regarding eviction
Case Code Year
Case between Puthanveettil Marsina vs Risana. A regarding eviction