Case Summary
The petitioners Sajina, Sabna, Shamna, and Safna filed for eviction against the respondent Kavinnur Aboobacker, claiming non-payment of rent. The respondent refuted the claims and argued issues regarding electricity disconnection.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition based on non-payment of rent. The respondent is directed to surrender possession of the premises within one month.
Why Plaintiff Won:
The court found that the respondent had not proved payment of rent arrears from 2017 August onwards.
The court found that the respondent had not proved payment of rent arrears from 2017 August onwards.
Losing Side's Weaknesses:
The court found that the respondent had not proved payment of rent arrears from 2017 August onwards.
The court found that the respondent had not proved payment of rent arrears from 2017 August onwards.
Supporting Evidence
The evidence presented showed the respondent had arrears of rent from 2017 August onwards, and the lack of cogent evidence regarding disconnection of electricity diminished the credibility of the defense.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act. 1)That the respondent is directed to surrender vacant possession of the petition schedule shop room within one month from today, failing which the petitioners can execute the same through process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sajina
- Party Age
- 40
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Sabna
- Party Age
- 35
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shamna
- Party Age
- 30
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Safna
- Party Age
- 28
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Kavinnur Aboobacker
- Party Age
- 58
- Relation
- S/o
Plaintiffs Documents
Lease Agreement dated 01.01.2014, Registered Legal notice copy sent by petitioner’s advocate.
Defendants Documents
Certified copy of the rent receipt produced in RCP 68/15, Certified copy of the rent receipt produced in RCA 7/17.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Madhavanunni.V.T
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.T.V.Sunil Kumar Basu
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Shinoja.A
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Smt.Arya Sadasivan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Ujwal Krishna.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent for non-payment of rent.
Evidence:
Hence, this point is answered accordingly. In the result, the petition is allowed under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners are entitled to get the costs of the petition from the respondent.
Evidence:
The petitioners are entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
The lease agreement establishing the terms of rent and property management.
Reference:
Ext.A1
Document Type:
Registered legal notice
Submitted By:
Plaintiff
Relevance:
A legal notice sent to the respondent demanding payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of delivery for the legal notice.
Reference:
Ext.A2(a)
Document Type:
Returned Registered cover & letter
Submitted By:
Plaintiff
Relevance:
Demonstrates the non-response of the respondent to the legal notice.
Reference:
Ext.A3
Document Type:
Letter from Kerala Electricity Board
Submitted By:
Plaintiff
Relevance:
Correspondence about the electricity supply relevant to the lease.
Reference:
Ext.A4
Document Type:
Certified copy of the rent receipt
Submitted By:
Defendant
Relevance:
Proof of rent payment produced in a prior proceeding.
Reference:
Ext.B1
Document Type:
Certified copy of the rent receipt
Submitted By:
Defendant
Relevance:
Proof of rent payment confirming satisfaction of earlier arrears.
Reference:
Ext.B2
Document Type:
Photocopy of petition
Submitted By:
Defendant
Relevance:
A complaint filed regarding disconnection of electricity.
Reference:
Ext.B3
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 Sajina et al vs Kavinnur Aboobacker regarding eviction for non-payment of rent.
Case Code Year
Case between Sajina et al vs Kavinnur Aboobacker regarding eviction for non-payment of rent.