Case Summary
Sadikha Muhammed Saleem, the petitioner, seeks eviction of the respondent, P.V.Babijith, for non-payment of rent and unauthorized subletting. The petitioner claims a bona fide need for the property for running a business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order of eviction under section 11(2)(b), 11(4)(I), 11(4)(ii), and 11(4)(iii) of the Act.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction under several provisions of the Kerala Buildings (Lease and Rent Control) Act. The respondent has been ordered to vacate the premises due to non-payment of rent and other grounds.
Why Plaintiff Won:
The petitioner demonstrated non-payment of rent and required the property for bona fide use.
The petitioner demonstrated non-payment of rent and required the property for bona fide use.
Losing Side's Weaknesses:
The petitioner demonstrated non-payment of rent and required the property for bona fide use.
The petitioner demonstrated non-payment of rent and required the property for bona fide use.
Supporting Evidence
The evidence of PW1 and the documents produced by him stands unchallenged. The PW1 has categorically deposed that the respondent has kept the rent in arrears from September 2024.
Judgment Evidence:
In the result, 1. The rent control petition is allowed under Section 11(2)(b), 11 (4) (I), 11 (4) (ii) and 11 (4) (iii) and section 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sadikha Muhammed Saleem
- Party Age
- 51
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Abdul Rafeek Kunhimarath
- Party Age
- 63
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- P.V.Babijith
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Power of Attorney dated 07.02.2025, Lease agreement dated 01.04.2004, Copy of Lawyer notice dated 11.12.2024, Postal Receipt, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. S. B. Rajeev
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought an order for the eviction of the respondent from the petition schedule building.
Evidence:
Hence, the petitioner is entitled to an order of eviction under section 11 (4) (i) and section 11 (4) (ii) of the Act as well.
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought an order for eviction based on non-payment of rent.
Evidence:
Hence, he is entitled to an order of eviction under section 11 (3) of the Act.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document legally authorizes the petitioner to act on behalf of the owner in this case.
Reference:
Ext.A1
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the rental agreement between the petitioner and the respondent.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This notice was sent to the respondent demanding the payment of rent arrears.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves that the lawyer notice was sent to the respondent.
Reference:
Ext.A3(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Confirms the receipt of the lawyer notice by the respondent.
Reference:
Ext.A4
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
This report provides evidence of the condition and use of the petition schedule building.
Reference:
Ext.C1
Document Type:
Commissioner's sketch
Submitted By:
Court
Relevance:
Visual documentation related to the state of the petition schedule building.
Reference:
Ext.C1(a)
Document Type:
Photographs
Submitted By:
Court
Relevance:
Photographs documenting the condition of the petition schedule building.
Reference:
Ext.C1(b) and Ext.C1(c)
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 Sadikha Muhammed Saleem vs P.V.Babijith regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Sadikha Muhammed Saleem vs P.V.Babijith regarding eviction under the Kerala Buildings (Lease and Rent Control) Act.