Case Summary
Rasheed Ali.P.N and Najma Rasheed filed a petition against Fathima Shahala for eviction due to non-payment of rent. The respondent was set ex parte as she failed to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the premises
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed as the respondent failed to pay the due rent and did not appear in court. The court directed the respondent to surrender the premises within one month.
Why Plaintiff Won:
The petitioners provided unchallenged evidence supporting their case for eviction.
The petitioners provided unchallenged evidence supporting their case for eviction.
Losing Side's Weaknesses:
The petitioners provided unchallenged evidence supporting their case for eviction.
The petitioners provided unchallenged evidence supporting their case for eviction.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged. As such, I find that the petitioners is entitled for an order of eviction as prayed for.
Judgment Evidence:
In the result, the petition is allowed as follows: The petition is allowed under section 11 (2) (b) of the Kerala Buildings (Lease and Rent Control) Act and the respondent is hereby directed to surrender the vacant possession of the petition schedule shop room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Rasheed Ali.P.N
- Party Age
- 68
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Najma Rasheed
- Party Age
- 53
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Fathima Shahala
- Party Age
- 33
- Relation
- D/o
Plaintiffs Documents
Copy of lawyer notice dated 21.01.2025, Postal receipt dated 24.01.2025, Returned notice dated 05.02.2025
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.V.Viswanathan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Prasheena.K
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition schedule shop room.
Evidence:
the respondent is hereby directed to surrender the vacant possession of the petition schedule shop room within one month from today.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent shall pay the costs of the proceedings to the petitioners.
Evidence:
The respondent shall pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document is the lawyer notice issued to the respondent demanding payment of the rent and vacant possession.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is the postal receipt confirming the dispatch of the lawyer notice to the respondent.
Reference:
Ext.A2
Document Type:
Returned notice
Submitted By:
Plaintiff
Relevance:
This document is the returned notice indicating that the notice was unclaimed by the respondent.
Reference:
Ext.A3
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 Rasheed Ali.P.N et al vs Fathima Shahala regarding eviction of premises
Case Code Year
Case between Rasheed Ali.P.N et al vs Fathima Shahala regarding eviction of premises