Case Summary
Shaji Sreedharan is the plaintiff seeking eviction of the defendants from a shop room and recovery of arrears of rent. The defendants, Niyas Shukkoor and Noushad, have failed to pay rent since the tenancy was terminated.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Defendants directed to vacate the plaint schedule shop rooms and pay Rs. 4,56,000/- with interest.
Case Type
Civil Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendants to vacate the shop rooms and awarding the plaintiff his claims for rent and occupation charges.
Why Plaintiff Won:
The plaintiff established his entitlement to possession and arrears through unchallenged evidence.
The plaintiff established his entitlement to possession and arrears through unchallenged evidence.
Losing Side's Weaknesses:
The plaintiff established his entitlement to possession and arrears through unchallenged evidence.
The plaintiff established his entitlement to possession and arrears through unchallenged evidence.
Supporting Evidence
Through the unchallenged oral and documentary evidence adduced by the plaintiff, the plaintiff has established that he is entitled to get vacant possession of the plaint schedule shop rooms and realization of arrears of rent and use and occupation charges from the defendants.
Judgment Evidence:
In the result, the suit is decreed as follows: The defendants are hereby directed to vacate the plaint schedule shop rooms within fifteen days from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shaji Sreedharan
- Party Age
- 50
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Niyas Shukkoor
- Party Age
- 48
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Noushad
- Party Age
- 49
- Relation
- S/o
Plaintiffs Documents
Power of Attorney A1, Possession Certificate A4, Advocate Notice A5, Tax Receipt A12.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Saj. S. Sivan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. S. Sunil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the defendants from the plaint schedule shop rooms.
Evidence:
The defendants are hereby directed to vacate the plaint schedule shop rooms within fifteen days from the date of this decree.
Relief Type:
Recovery
Outcome:
Granted
Description:
Realization of arrears of rent and use and occupation charges.
Evidence:
The plaintiff is entitled to realize `.4,56,000/- (Rupees Four Lakhs Fifty Six Thousand only) as arrears of rent, charge for illegal use and occupation of plaint schedule shop rooms with interest.
Relief Type:
Other
Outcome:
Granted
Description:
Costs of the suit to be recovered from the defendants.
Evidence:
Moreover, the plaintiff can be permitted to realize costs of the suit from the defendants.
Documents & Evidence
Document Type:
Power of Attorney
Submitted By:
Plaintiff
Relevance:
Document executed by the plaintiff in favor of his power of attorney holder.
Reference:
Ext.A1
Document Type:
Possession Certificate
Submitted By:
Plaintiff
Relevance:
Certificate issued confirming the plaintiff's possession of the property.
Reference:
Ext.A4
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice sent by the plaintiff's advocate demanding arrears of rent.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Receipts proving the sending of legal notices.
Reference:
Ext.A6 (series)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card confirming receipt of legal notice by the defendant.
Reference:
Ext.A7
Document Type:
Returned Envelope
Submitted By:
Plaintiff
Relevance:
Returned envelope indicating that the second defendant left India.
Reference:
Ext.A8
Document Type:
Advocate Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent by the plaintiff's advocate demanding the defendants to vacate the shop room.
Reference:
Ext.A9
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
Receipt evidencing tax payment related to the property.
Reference:
Ext.A12
Document Type:
Oral Evidence
Submitted By:
Oral evidence
Relevance:
Evidence provided by the power of attorney holder in court.
Reference:
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Thiruvananthapuram
State
Kerala
Court Establishment
Munsiffs Court, Varkala
Common Reasons
Non-payment of rent
Case Code
Case between Shaji Sreedharan vs Niyas Shukkoor et al regarding eviction and arrears of rent.
Case Code Year
Case between Shaji Sreedharan vs Niyas Shukkoor et al regarding eviction and arrears of rent.