Case Summary
The petitioners are Sabitha and others seeking eviction of the respondent V.T. Sunil Kumar from the petition schedule shop rooms due to non-payment of rent. The petitioners require the shop rooms for their business operations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was allowed as the respondent failed to pay the rent and the petitioners had a bona fide requirement for the shop rooms.
Why Plaintiff Won:
The respondent failed to prove payment of rent and the petitioners had a legitimate need for the premises.
The respondent failed to prove payment of rent and the petitioners had a legitimate need for the premises.
Losing Side's Weaknesses:
The respondent failed to prove payment of rent and the petitioners had a legitimate need for the premises.
The respondent failed to prove payment of rent and the petitioners had a legitimate need for the premises.
Supporting Evidence
Thus, it is clear that the rent was in arrears as contented by the petitioners. The respondent has not paid the arrears of rent with interest and notice charge even after the receipt of Ext. A3 notice. Thus, I find that the petitioners are entitled to an order of eviction under section 11(2)(b) of the Act.
Judgment Evidence:
In the result, the petition is allowed under Secs.11(2)(b) and 11(8) as follows; 1. That the respondent shall put the petitioners in possession of the petition schedule room within one month from today, failing which the petitioner can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sabitha
- Party Age
- 48
- Relation
- W/o. Late Sathyapalan
- Party Role
- Plaintiff
- Party Name
- Arun
- Party Age
- 28
- Relation
- S/o. Late Sathyapalan
- Party Role
- Plaintiff
- Party Name
- Ajay
- Party Age
- 24
- Relation
- S/o. Late Sathyapalan
- Party Role
- Plaintiff
- Party Name
- Janu
- Party Age
- 70
- Relation
- M/o. Late Sathyapalan
- Party Role
- Defendant
- Party Name
- V.T. Sunil Kumar
- Party Age
- 45
- Relation
- S/o. Gopalan
Plaintiffs Documents
Original Jenmam Assignment Deed No: 1138/2013, Copy of Registered intimation notice sent by Padanneyil Ayishabi to V.T. Sunil Kumar, Copy of Lawyer notice sent by Adv. Rajesh Odukkathil to V.T. Sunil Kumar, Reply notice sent to Adv. P.P.Surendran to Adv. Rajesh Odukkathil.
Defendants Documents
Copy of notice sent by V.T. Sunil Kumar to Sabitha and others.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Rajesh Odukkathil
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.P. Surendran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Arjun Pillai
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petitioners requested eviction of the respondent from the shop rooms.
Evidence:
In view of my findings on the above discussed points, the petition is liable to be allowed under Sec. 11(2)(b) and 11(8) of the Act.
Documents & Evidence
Document Type:
Jenmam assignment deed
Submitted By:
Plaintiff
Relevance:
Original deed establishing ownership of the building by the petitioners.
Reference:
Ext.A1
Document Type:
Registered intimation notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent informing them of the transfer of tenancy.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of rent arrears and vacating the shop rooms.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response from the respondent disputing the payment of rent arrears.
Reference:
Ext.A4
Document Type:
Notice
Submitted By:
Defendant
Relevance:
Notice sent by the respondent requesting bank details for payment of rent.
Reference:
Ext.B1
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 Sabitha et al vs V.T. Sunil Kumar regarding eviction
Case Code Year
Case between Sabitha et al vs V.T. Sunil Kumar regarding eviction