Case Summary
The petitioner, Puthiya Maliyekkal Rahana Hameed, seeks eviction of respondents KV Anwar Athik and NP Firose for non-payment of rent and requirement of the premises for a catering unit. The respondents remained absent and were set ex-parte.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Respondents directed to surrender vacant possession of the petition scheduled premises within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court granted the petitioner's request for eviction due to non-payment of rent. The respondents are directed to vacate the premises within two months.
Why Plaintiff Won:
The unchallenged evidence of the petitioner and her documentation supported the case for eviction.
The unchallenged evidence of the petitioner and her documentation supported the case for eviction.
Losing Side's Weaknesses:
The unchallenged evidence of the petitioner and her documentation supported the case for eviction.
The unchallenged evidence of the petitioner and her documentation supported the case for eviction.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 would show that the petitioner is entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) & 11(3) of KBLRC Act as follows: 1. The respondents are hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today, failing which the petitioner can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Puthiya Maliyekkal Rahana Hameed
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- KV Anwar Athik
- Party Age
- 47
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- NP Firose
- Party Age
- 47
- Relation
- S/o
Plaintiffs Documents
Copy of Registered lawyer notice with postal receipt and acknowledgment card, issued by Sereefa Hameed and another to KV Anwar and another.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.G Manohar Lal
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Evidence:
this petition is allowed under Section 11(2)(b) & 11(3) of KBLRC Act
Relief Type:
Recovery
Outcome:
Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondents.
Evidence:
the petitioner is entitled to realise the costs of the petition from the respondents
Documents & Evidence
Document Type:
Copy of Registered lawyer notice with postal receipt and acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document was sent to the respondents to inform them of the rental arrears and request the surrender of the premises.
Reference:
Ext.A1
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 Puthiya Maliyekkal Rahana Hameed vs KV Anwar Athik, NP Firose regarding eviction and rent arrears
Case Code Year
Case between Puthiya Maliyekkal Rahana Hameed vs KV Anwar Athik, NP Firose regarding eviction and rent arrears