Case Summary
Shinos Rahman is the petitioner seeking eviction of Palakkara Sundaran, the respondent, from a rental property due to non-occupation and damage. The petitioner claims that the property has sustained serious damages as it has not been occupied for several years.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is directed to put the petitioner in vacant possession of the petition schedule building within one month and to pay costs of the proceedings.
Case Type
Rent Control
Final Judgment
No
The petition for eviction was allowed in part, with the respondent directed to vacate the property and pay costs to the petitioner.
Why Plaintiff Won:
The petitioner provided sufficient evidence of non-occupation and damage to the property.
The petitioner provided sufficient evidence of non-occupation and damage to the property.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence of non-occupation and damage to the property.
The petitioner provided sufficient evidence of non-occupation and damage to the property.
Supporting Evidence
From the report submitted by the advocate commissioner it is crystal clear that the building has sustained serious damages. It has also come to light that the building has not been occupied for a considerable period.
Judgment Evidence:
In the result, the rent control petition is allowed in part under section 11 (4)(ii) and section 11 (4)(v) of the Kerala Buildings (Lease and Rent Control) Act 1965. The respondent is 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
- Shinos Rahman
- Party Age
- 30
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Palakkara Sundaran
- Party Age
- 70
- Relation
- S/o
Plaintiffs Documents
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P. Sreenish
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Athira.K.K
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.T.Rajesh
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for the respondent to give vacant possession of the petition schedule building.
Evidence:
The respondent is directed to put the petitioner in vacant possession of the petition schedule building within one month from the date of this order.
Relief Type:
Costs
Outcome:
Granted
Description:
Order for the respondent to pay costs of the proceedings to the petitioner.
Evidence:
The respondent is also directed to pay costs of the proceedings to the petitioner.
Documents & Evidence
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Document submitted by the Advocate Commissioner detailing the condition of the building.
Reference:
C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch prepared by the Advocate Commissioner regarding the condition of the property.
Reference:
C1(a)
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Neglect of maintenance
Case Code
Case between Shinos Rahman vs Palakkara Sundaran regarding eviction of tenant
Case Code Year
Case between Shinos Rahman vs Palakkara Sundaran regarding eviction of tenant