Case Summary
Shibili Sanjith, the petitioner, filed for eviction of Muhammed Nazeem M and others for non-payment of rent on a property originally owned by her late husband. The petitioner claims a genuine need for the property to start a tailoring business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction under section 11(2)(b) and payment of costs
Case Type
Rent Control Case
Final Judgment
No
The court allowed the rent control petition, directing the respondents to vacate the property and pay the costs of the proceedings.
Why Plaintiff Won:
Petitioner established the landlord-tenant relationship and genuine need for the property.
Petitioner established the landlord-tenant relationship and genuine need for the property.
Losing Side's Weaknesses:
Petitioner established the landlord-tenant relationship and genuine need for the property.
Petitioner established the landlord-tenant relationship and genuine need for the property.
Supporting Evidence
PW1 has categorically stated that despite receipt of statutory notice, the respondents have not paid the arrears of rent. Hence, the petitioner is entitled to an order under section 11 (2) (b) of the Act.
Judgment Evidence:
In the result, rent control petition is allowed... Respondents are directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shibili Sanjith
- Party Age
- 41
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed Nazeem M
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Naseema
- Party Age
- 50
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Maskan
- Party Age
- 45
- Relation
- D/o
Plaintiffs Documents
Copy of Lawyer notice dated 24.09.2022, Postal Receipts, Acknowledgment Card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.B.Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Akshay Kamath
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Muhammed Sadique U.K
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Muhammed Shameem Paksan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Petition for eviction under Section 11(2)(b) and Section 11(3) of the Act allowed.
Evidence:
The petition is allowed under Section 11 (2) (b) and Section 11 (3) of the of the Kerala Buildings (Lease and Rent Control) Act 1965.
Relief Type:
Other
Outcome:
Granted
Description:
Respondents are directed to put the petitioner in vacant possession of the petition schedule building.
Evidence:
Respondents are directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of this order.
Relief Type:
Other
Outcome:
Granted
Description:
Respondents are directed to pay costs of the proceedings to the petitioner.
Evidence:
Respondents are also directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the lawyer notice calling upon the respondents to pay the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt pertaining to the notice issued to respondent No 1.
Reference:
Ext.A1(a)
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card pertaining to the notice issued to respondent No 1.
Reference:
Ext.A1(b)
Document Type:
Returned Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to Respondent No 2 which was returned unclaimed.
Reference:
Ext.A2
Document Type:
Returned Unclaimed Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to Respondent No 3 which was returned unclaimed.
Reference:
Ext.A3
Case Classification
Case Type
Rent Control Case
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
Case between Shibili Sanjith vs Muhammed Nazeem M et al regarding eviction due to non-payment of rent
Case Code Year
Case between Shibili Sanjith vs Muhammed Nazeem M et al regarding eviction due to non-payment of rent