Case Summary
The petitioners, Shoukkathali and others, are seeking eviction of the respondent, Praveen Chandran, under the Kerala Buildings (Lease and Rent Control) Act. The petitioners allege that the respondent has failed to pay rent and has reduced the value of the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition scheduled premises.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed both rent control petitions, directing the respondent to vacate the premises within two months and to pay the petitioners the costs incurred.
Why Plaintiff Won:
The court found the evidence provided by the petitioners unchallenged and sufficient to grant eviction.
The court found the evidence provided by the petitioners unchallenged and sufficient to grant eviction.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A11 would show that the petitioner is entitled to an order of eviction as prayed for.
Judgment Evidence:
RCP 85/2023 is allowed under Section 11(2)(b),11(3) & 11(4)(ii) of KBLRC Act as follows: The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioners can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shoukkathali
- Party Age
- 49
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Kunnummal Basheer
- Party Age
- 55
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Dr.Fida
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Dr.Fari Ayisha
- Party Age
- 38
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Shahida
- Party Age
- 42
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kunnummal Noushad
- Party Age
- 42
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Praveen Chandran
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice sent by petitioner to respondent, Acknowledgment card.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- EV Viswambaran
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Thajudheen Kollandy
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Ayana P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- M Youseph
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners were granted eviction of the respondent from the petition schedule premises.
Evidence:
In the result, RCP 85/2023 is allowed under Section 11(2)(b), 11(3) & 11(4)(ii) of KBLRC Act as follows: The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioners can execute the same through process known to law.
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners were granted eviction of the respondent from the petition schedule premises.
Evidence:
RCP 86/2023 is allowed under Section 11(2)(b) & 11(3) of KBLRC Act as follows: The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioners can execute the same through process known to law.
Documents & Evidence
Document Type:
Copy of lawyer notice sent by petitioner to respondent
Submitted By:
Plaintiff
Relevance:
This document supports the petitioners' claim of eviction by showing notice given to the respondent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the lawyer notice to the respondent.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document evidences that the respondent received the lawyer notice.
Reference:
Ext.A3
Document Type:
Reply notice sent by counsel for respondent
Submitted By:
Plaintiff
Relevance:
This document is part of the respondent's objections to the eviction petition.
Reference:
Ext.A4
Document Type:
Certified copy of lawyer notice sent by petitioner to Respondent in RCP 86/23
Submitted By:
Plaintiff
Relevance:
This document supports the claim in a related petition by showing another notice sent to the respondent.
Reference:
Ext.A5
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the second lawyer notice.
Reference:
Ext.A6
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This document evidences that the respondent received the second lawyer notice.
Reference:
Ext.A7
Document Type:
Copy of Plaint in OS 174/22 of Munsiff Court-1, Kozhikode
Submitted By:
Plaintiff
Relevance:
This document shows the background of the respondent's objection actions against eviction.
Reference:
Ext.A8
Document Type:
Certified copy of building permit
Submitted By:
Plaintiff
Relevance:
This building permit is crucial as it underlines the petitioners' need to use the property.
Reference:
Ext.A9
Document Type:
Certified copy of building permit renewal certificate
Submitted By:
Plaintiff
Relevance:
This document indicates that the building permit is current and valid.
Reference:
Ext.A10
Document Type:
Certified copy of commission report, sketch and photos submitted by Advocate commissioner in RCP 86/23
Submitted By:
Court
Relevance:
This document is evidence collected by the Advocate commissioner pertaining to the case.
Reference:
Ext.A11
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 1 Kozhikode
Common Reasons
Eviction
Case Code
Case between Shoukkathali et al vs Praveen Chandran regarding eviction under rent control act
Case Code Year
Case between Shoukkathali et al vs Praveen Chandran regarding eviction under rent control act