Case Summary
Saira Banu has filed a petition against Mohammed Arshad for eviction due to non-payment of rent and unauthorized alterations to the property. The petitioner, needing the premises for her office as an advocate, claims damages and seeks a remedy under rent control laws.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and order to pay costs.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition in part, granting eviction of the respondent due to non-payment of rent and condition of the property. The respondent is directed to vacate the premises within one month and pay costs to the petitioner.
Why Plaintiff Won:
The petitioner established that the respondent failed to pay the rent and made unauthorized alterations.
The petitioner established that the respondent failed to pay the rent and made unauthorized alterations.
Losing Side's Weaknesses:
The petitioner established that the respondent failed to pay the rent and made unauthorized alterations.
The petitioner established that the respondent failed to pay the rent and made unauthorized alterations.
Supporting Evidence
The petitioner has established that she is entitled to an order under section 11 (2)(b) of the Act.
Judgment Evidence:
In the result, 1.The rent control petition is allowed in part under section 11 (2) (b) 11 (3) and 11 (4) (ii) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Saira Banu
- Party Age
- 47
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Mohammed Arshad
- Party Age
- 30
- Relation
- S/o
Plaintiffs Documents
License agreement, Lawyer notice dated 18.01.2023, Postal receipts, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Prasanth. U
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The rent control petition is allowed in part under section 11 (2) (b), 11 (3) and 11 (4) (ii) of the Kerala Buildings (Lease and Rent Control) Act 1965.
Documents & Evidence
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
Document establishing the relationship and terms between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of arrears of license fee.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice by the respondent.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report regarding the removal of the partition wall by the respondent.
Reference:
Ext.C1
Document Type:
Advocate Commissioner's Report
Submitted By:
Court
Relevance:
Report confirming the material alteration made by the respondent.
Reference:
Ext.C1(a)
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 Saira Banu vs Mohammed Arshad regarding eviction for non-payment of rent
Case Code Year
Case between Saira Banu vs Mohammed Arshad regarding eviction for non-payment of rent