Case Summary
The case involves Shereefa Hameed and Puthiya Maliyekkal Rahana Hameed seeking eviction of Mubarak and others from a rented property. The petitioners claim the property has been locked for more than a year and is not occupied, thus seeking eviction based on non-occupation.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the petition schedule property within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition stating that the respondents ceased to occupy the property for more than six months, hence they should vacate the premises.
Why Plaintiff Won:
The petitioners successfully proved the non-occupation of the property by the respondents.
The petitioners successfully proved the non-occupation of the property by the respondents.
Losing Side's Weaknesses:
The petitioners successfully proved the non-occupation of the property by the respondents.
The petitioners successfully proved the non-occupation of the property by the respondents.
Supporting Evidence
The mere presence or intermittent opening of the tenanted premises will not suffice occupation. The tenant should actually use the building. Thus, I find that the respondents were not able to satisfy the conscience of this court as to the reasonable cause for which the petition schedule property was not occupied for more than 6 months.
Judgment Evidence:
In the result, the petition is allowed. Eviction of the respondents are allowed under Section 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act. The respondents shall surrender vacant possession of the petition schedule property within a period of one month from today failing which the petitioners can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shereefa Hameed
- Party Age
- 78
- Relation
- D/o.
- Party Role
- Plaintiff
- Party Name
- Puthiya Maliyekkal Rahana Hameed
- Party Age
- 45
- Relation
- D/o.
- Party Role
- Defendant
- Party Name
- Mubarak
- Party Age
- 39
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Rasheed
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Abdu Raheem
- Relation
- S/o.
- Party Role
- Defendant
- Party Name
- Seenath
- Relation
- D/o.
Plaintiffs Documents
Lease agreement (Original), Certified copy of settlement deed, Land Tax receipt, Building Tax Receipt.
Defendants Documents
Receipts issued by KSEB, Receipt for payment of License fees, Demand notice issued from KSEB.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.KM Muhammed Iqubal
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Noorjahan CV
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Joy Abraham
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners requested eviction of the respondents from the property due to non-occupation.
Evidence:
The petition is allowed. Eviction of the respondents are allowed under Section 11(4)(v) of the Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioners were entitled to the costs of the petition from the respondents.
Evidence:
The petitioners are also entitled to get the costs of the petition from the respondents.
Documents & Evidence
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Initially states the lease terms under which the property was rented to the first respondent.
Reference:
Ext.A1
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Shows the transfer of ownership of the property from the first petitioner to the second petitioner.
Reference:
Ext.A2
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
Establishes the payment of land tax, indicating ownership and maintenance of the property.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Demonstrates the petitioner’s compliance with local tax requirements regarding the property.
Reference:
Ext.A4
Document Type:
Receipts issued by KSEB
Submitted By:
Defendant
Relevance:
Offers evidence of past payments related to electricity consumption by the respondent.
Reference:
Ext.B1 (Series)
Document Type:
Receipt for payment of License fees
Submitted By:
Defendant
Relevance:
Indicates the payment of necessary fees for conducting business in the property.
Reference:
Ext.B2
Document Type:
Demand notice issued from KSEB
Submitted By:
Defendant
Relevance:
Relates to the tenant's obligations regarding utility payments.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Contains findings regarding the physical state and occupancy of the petition schedule property.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Shereefa Hameed et al vs Mubarak et al regarding eviction under Rent Control Act
Case Code Year
Case between Shereefa Hameed et al vs Mubarak et al regarding eviction under Rent Control Act