Rent Control Petition.No. 99/2022

Case between Puthukkudy Abdurahiman vs Opal Hotal regarding arrears of rent and eviction.

Court

MUNSIFF-II, KOZHIKODE

Judge

Smt. Savitha.T.P, Rent controller/ Principal Munsiff-II

Order Date

2025-07-15

Duration

approximately-7 years 6 months

Case Closed

Tue, 07/15/2025 - 12:00

Judgement document from eCourt website

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Case Summary

Puthukkudy Abdurahiman, the petitioner, is claiming arrears of rent and eviction from the respondents, Opal Hotal, for not paying rent as per the lease agreement. The respondents denied the allegations and claimed that they have paid the entire rent.

Judgment Outcome

Plaintiff Won

Interim Order

The petition was allowed, directing the respondents to surrender vacant possession of the premises and to pay outstanding arrears of rent with interest.

Judgment Favored

Plaintiff

Relief Granted

Respondents directed to surrender vacant possession of the room and pay arrears of rent.

Case Type

Rent Control Petition

Final Judgment

The petition was allowed, directing the respondents to surrender vacant possession of the premises and to pay outstanding arrears of rent with interest.

Why Plaintiff Won:
The evidence presented by the petitioner was unchallenged, establishing the claim for arrears and eviction.

Losing Side's Weaknesses:
The evidence presented by the petitioner was unchallenged, establishing the claim for arrears and eviction.

Supporting Evidence

PW1 gave verbal evidence about the facts pleaded in the petition. Admittedly the respondents are the tenants of the petitioners. PW1 deposed that respondents kept the rent in arrears. He deposed that the respondents made modifications and alterations illegally without obtaining permission of the petitioner.

Judgment Evidence:

In the result, 1) The petition is allowed u/s.11(2)(b) and 11(4)(ii) of the Act. 2) The respondents are directed to surrender vacant possession of the room within one month from the date of this order. 3) If the respondents pay or proves to be paid of Rs.4,43,110/-, 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.

Parties Involved

Parties

Party Role: Plaintiff
Party Name: Puthukkudy Abdurahiman
Party Age: 67
Relation: S/o.

Party Role: Defendant
Party Name: Opal Hotal (Partnership)
Relation: by Managing partner P. Muhammed

Party Role: Defendant
Party Name: A.P. Muhammed
Party Age: 54
Relation: S/o.

Plaintiffs Documents

Copy of Rent Kachiet executed between Puthukkudy Abdurahiman and A.P. Muhammed, Copy of Lawyer notice, Reply lawyer notice, Notice from Kozhikode Corporation, Annual tax statement for the period from 2020-2021 to 2021-2022.

Defendants Documents

Advocates

Party Role: Plaintiff
Advocate Name: Sri. K.P. Gangadharan
Appearance Type: Main Counsel

Party Role: Plaintiff
Advocate Name: Smt. Unnimaya K.T.
Appearance Type: Main Counsel

Party Role: Defendant
Advocate Name: Sebastain.M.J
Appearance Type: Main Counsel

Reliefs

Relief Type: Eviction

Outcome: Granted

Description:

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: Granted

Description:

Petitioner is entitled to get the arrears of rent of Rs.4,43,110/-.

Evidence:

If the respondents pays or proves to be paid of Rs.4,43,110/- (Rupees Four Lakhs Thirty Four Thousand One Hundred And Ten Only) interest at the rate of 6% per annum and costs of this proceedings within one month from today.

Relief Type: Other

Outcome: Granted

Description:

Petitioner is entitled to get costs of proceedings.

Evidence:

Petitioner is entitled to get costs of this proceedings.

Documents & Evidence

Document Type: Rent Kachiet

Submitted By: Plaintiff

Relevance:

Copy of the rent agreement executed between Puthukkudy Abdurahiman and A.P. Muhammed.

Reference:

Ext.A1

Document Type: Lawyer Notice

Submitted By: Plaintiff

Relevance:

Copy of a lawyer notice related to the case.

Reference:

Ext.A2

Document Type: Postal receipt

Submitted By: Plaintiff

Relevance:

Postal receipt related to the lawyer notice.

Reference:

Ext.A2(a)

Document Type: Acknowledgment card

Submitted By: Plaintiff

Relevance:

Acknowledgment card related to the lawyer notice.

Reference:

Ext.A2(b)

Document Type: Reply Lawyer Notice

Submitted By: Plaintiff

Relevance:

Reply to the lawyer notice sent in the proceedings.

Reference:

Ext.A3

Document Type: Notice from Kozhikode Corporation

Submitted By: Plaintiff

Relevance:

Notification from the Kozhikode Corporation relevant to the case.

Reference:

Ext.A4

Document Type: Annual tax statement

Submitted By: Plaintiff

Relevance:

Annual tax statement for the period from 2020-2021 to 2021-2022.

Reference:

Ext.A5

Document Type: Annual tax statement

Submitted By: Plaintiff

Relevance:

Annual tax statement for the financial year 2020-21.

Reference:

Ext.A5(a)

Document Type: Original Surrender of lease

Submitted By: Plaintiff

Relevance:

Original surrender of lease executed between Puthukkudy Abdurahiman and P. Hameed.

Reference:

Ext.A6

Document Type: Letter from Income Tax Department

Submitted By: Plaintiff

Relevance:

Copy of letter from the Income Tax Department.

Reference:

Ext.A7

Document Type: Annual tax statement

Submitted By: Plaintiff

Relevance:

Annual tax statement in form 26AS.

Reference:

Ext.A7(a)

Document Type: Commission Report

Submitted By: Court

Relevance:

Commission report regarding the property.

Reference:

Ext.C1

Document Type: Sketch by Advocate Commissioner

Submitted By: Court

Relevance:

Sketch provided by the Advocate Commissioner relevant to the case.

Reference:

Ext.C1(a)

Document Type: Photo

Submitted By: Court

Relevance: