Case Summary
Shri.Salahudhin.V.K filed a petition against Havis Nidhi Private Limited for eviction based on non-payment of rent and lack of occupancy. The court examined evidence and testimony regarding the failure to pay rent and the respondent's continued use of another building.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Order for eviction of the respondent from the premises
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the respondent's failure to pay rent and lack of occupancy. The respondent is directed to surrender possession of the premises.
Why Plaintiff Won:
The petitioner provided convincing evidence of non-payment of rent and lack of occupancy by the respondent.
The petitioner provided convincing evidence of non-payment of rent and lack of occupancy by the respondent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
Considering the unrebutted testimony of the petitioner along with the findings in the Commissioner’s report, I am of the opinion that the petitioner is entitled for a relief of eviction as prayed for.
Judgment Evidence:
In the result, RCP is allowed as follows: 1.That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Shri.Salahudhin.V.K
- Party Age
- 41
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Sri.Moidu Haji
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Havis Nidhi Private Limited
- Relation
- Represented by
- Party Role
- Defendant
- Party Name
- Sri.Rajeesh Peedikakandiyil
- Relation
- S/o
Plaintiffs Documents
Certified copy of cash receipt, Certified copy of certificate of incorporation of the respondent company, Certified copy of E-PAN card, Certified copy of No Objection Certificate issued by the petitioner to the respondent company.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Rajeev Laxman.P.P
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri.Abhilash.K.M
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Swetha Bhoopesh
- Appearance Type
- Assisting Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt.Subina.T
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender the vacant possession of the petition scheduled premises.
Evidence:
Considering the unrebutted testimony of the petitioner along with the findings in the Commissioner’s report, I am of the opinion that the petitioner is entitled for a relief of eviction as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
Order execution stay stipulated until one month from the order date.
Evidence:
That the order of this court shall not be executed before the expiry of one month from the date of this order as mandated under Section 11(2)(c) of KBLR Act.
Documents & Evidence
Document Type:
Certified copy of the cash receipt
Submitted By:
Plaintiff
Relevance:
Evidence of rent payment.
Reference:
Ext.A1
Document Type:
Certified copy of the certificate of incorporation
Submitted By:
Plaintiff
Relevance:
Establishes the legal identity of the respondent company.
Reference:
Ext.A2
Document Type:
Certified copy of E-PAN card
Submitted By:
Plaintiff
Relevance:
Establishes the financial identity of the respondent company.
Reference:
Ext.A3
Document Type:
No Objection Certificate
Submitted By:
Plaintiff
Relevance:
Indicates permission granted to the respondent company.
Reference:
Ext.A4
Document Type:
Certified copy of the plaint in OS 300/2022
Submitted By:
Plaintiff
Relevance:
Relevant legal action involving the respondent.
Reference:
Ext.A5
Document Type:
Certified copy of the petition in OS 300/2022 for temporary injunction
Submitted By:
Plaintiff
Relevance:
Relates to temporary injunction relevant to the case.
Reference:
Ext.A6
Document Type:
Certified copy of the order of temporary injunction in OS 300/2022
Submitted By:
Plaintiff
Relevance:
Shows judicial decision affecting the respondent.
Reference:
Ext.A7
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Documents communication regarding tenancy.
Reference:
Ext.A8
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Response to the lawyer notice.
Reference:
Ext.A9
Document Type:
Commissioner's Report
Submitted By:
Court
Relevance:
Provides findings supporting the petitioner's claims.
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 Shri.Salahudhin.V.K vs Havis Nidhi Private Limited regarding eviction
Case Code Year
Case between Shri.Salahudhin.V.K vs Havis Nidhi Private Limited regarding eviction