Case Summary
Sathar. P, the petitioner, seeks eviction of the respondents for non-payment of rent and illegal activities in the scheduled shed. The respondents were declared ex parte due to failure to appear in court.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction and payment of arrears
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, ordering the respondents to vacate the premises within one month and pay the pending rent along with interest.
Why Plaintiff Won:
The court found the petitioner’s claims of non-payment and illegal activities credible.
The court found the petitioner’s claims of non-payment and illegal activities credible.
Losing Side's Weaknesses:
The court found the petitioner’s claims of non-payment and illegal activities credible.
The court found the petitioner’s claims of non-payment and illegal activities credible.
Supporting Evidence
The petitioner requires the shed to start a business of manufacturing plastic granules and footwear. His evidence is unchallenged.
Judgment Evidence:
In the result, (1) The petitions are allowed u/s.11(2)(b), 11(4)(ii) and 11(3) of the Act. (2) The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sathar. P
- Party Age
- 58
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M/s Universal Biogas
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sajin. C.P
- Party Age
- 40
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ashraf Shafi. C.V
- Party Age
- 37
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Don Prakash. K
- Party Age
- 36
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Gireesh. P
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Copy of plaint in OS. 383/2023, Copy of Lawyer Notice, Postal Receipts.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Harish Babu. P.N
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondents are directed to surrender vacant possession of the room within one month from the date of this order.
Evidence:
The petitions are allowed u/s.11(2)(b), 11(4)(ii) and 11(3) of the Act.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
If the respondents pay or prove to be paid rent at the rate of Rs.7,00,000/- from October 2022 till July 2023, the order will be vacated.
Evidence:
If the respondents pays or proves to be paid rent at the rate of Rs.7,00,000/-(Rupees seven lakh only) from October 2022 till July 2023, both inclusive with interest at the rate of 6% per annum and costs of this proceedings within one month from today, order u/s.11(2)(b) will be vacated.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner is entitled to get costs of this proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
This document is a copy of the plaint in the related suit OS. 383/2023, which supports the petitioner's claim for arrears of rent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document serves as a legal notice sent to the respondents regarding the issues of rent payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document is evidence of the postal communication sent to the respondents.
Reference:
Ext.A3
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document serves as proof of receipt acknowledgment from the respondents.
Reference:
Ext.A4
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
This document shows the undelivered mail sent to the respondents.
Reference:
Ext.A5
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 Sathar. P vs M/s Universal Biogas et al regarding eviction and arrears of rent.
Case Code Year
Case between Sathar. P vs M/s Universal Biogas et al regarding eviction and arrears of rent.