Case Summary
The petitioner, Salman.N, is seeking to evict the respondent, Ashik Mohammed, due to non-payment of rent for an apartment. The respondent defaulted on rent payments since February 2024, leading to this eviction petition.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to vacate the premises and surrender possession to the petitioner.
Why Plaintiff Won:
The petitioner established non-payment of rent with sufficient evidence.
The petitioner established non-payment of rent with sufficient evidence.
Losing Side's Weaknesses:
The petitioner established non-payment of rent with sufficient evidence.
The petitioner established non-payment of rent with sufficient evidence.
Supporting Evidence
Landlord-tenant relationship is evident from the proof affidavit filed by the petitioner. The proof affidavit filed by the petitioner and the documents produced before the court are sufficient to establish non-payment of rent of the petitioner.
Judgment Evidence:
In the result, the petition is allowed with costs as per the following terms: (a) The respondent is hereby directed to vacate the premises of Petition Schedule Building u/s 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act and surrender and put the petitioner in vacant possession of the petition schedule building.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Salman.N
- Party Age
- 27
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashik Mohammed
- Relation
- S/o
Plaintiffs Documents
General Power of Attorney dated 01.07.2025, Copy of Rental Agreement dated 14.08.2023, Copy of Legal Notice dated 07.08.2024, Copy of Reply Notice dated 23.08.2024
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. T. A Rajeev
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- H.B. Salim
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to vacate the premises of the petition schedule building.
Evidence:
Hence the petitioner is entitled to get eviction u/s.11(2) of the Act.
Documents & Evidence
Document Type:
General Power of Attorney
Submitted By:
Plaintiff
Relevance:
This document establishes the authority of the petitioner to act on behalf of the owners of the property.
Reference:
Ext.A1
Document Type:
Rental Agreement
Submitted By:
Plaintiff
Relevance:
This document outlines the terms of the lease agreement between the petitioner and the respondent.
Reference:
Ext.A2
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
This document serves as evidence of the demand for rent arrears and notice to vacate.
Reference:
Ext.A3
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document is the respondent's reply to the legal notice and is part of the correspondence regarding the rent dispute.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiff Court Thiruvananthapuram
Common Reasons
Non-payment of rent
Case Code
R.C.P.NO.
Case Code Year
2024