Case Summary
The petitioners, Smitha Viswan and Kolanchery Kamala, are seeking eviction of the respondent, Abdul Latheef, from a shop room leased to him. The petitioners argue that the shop has been locked for over six months and is needed for the first petitioner's daughter to run a business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent shall surrender the vacant possession of the petition schedule property within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the eviction petition filed by the petitioners, ordering the respondent to surrender vacant possession of the shop room within one month.
Why Plaintiff Won:
The evidence of the petitioners was unchallenged.
The evidence of the petitioners was unchallenged.
Losing Side's Weaknesses:
The evidence of the petitioners was unchallenged.
The evidence of the petitioners was unchallenged.
Supporting Evidence
The evidence of PW1 and PW2 and the documents produced by them stands unchallenged.
Judgment Evidence:
In the result, the petition is allowed under sections 11(3) and 11(4)(v) of the Kerala Buildings(Lease and Rent Control) Act as follows; 1) The respondent shall surrender the vacant possession of the petition schedule property within one month from today, failing which the petitioner can get the order executed through the procedure known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Smitha Viswan
- Relation
- D/o
- Party Role
- Plaintiff
- Party Name
- Kolanchery Kamala
- Party Age
- 80
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Abdul Latheef
- Party Age
- 65
Plaintiffs Documents
Copy of Lawyer notice, Postal Receipt, Undelivered cover, Proceedings of Secretary, Feroke Municipality, Building tax receipt issued from Feroke Municipality, Notice sent by petitioner to secretary Feroke Municipality, Postal Receipts (2nos)
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.K.P.Gagnadharan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Adv. Suneesh Mamiyil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Request for eviction of the respondent from the petition schedule property.
Evidence:
I find that the petitioners are entitled for an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Request for costs of the petition to be paid by the respondent.
Evidence:
The respondent shall pay the costs of the petition to the petitioner.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Used to support the claim for eviction.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Provided proof of sending lawyer notice.
Reference:
Ext.A1(a)
Document Type:
Undelivered cover
Submitted By:
Plaintiff
Relevance:
Indicated failure to deliver communication to respondent.
Reference:
Ext.A2
Document Type:
Municipal Proceedings
Submitted By:
Plaintiff
Relevance:
Contextual evidence regarding local government communication.
Reference:
Ext.A3
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
Confirmed ownership and responsibility for property.
Reference:
Ext.A4
Document Type:
Notice to municipality
Submitted By:
Plaintiff
Relevance:
Notified municipality about the situation and request.
Reference:
Ext.A5
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Evidence of communication sent to the municipality.
Reference:
Ext.A5(a) & Ext.A5(b)
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Provided findings related to the property.
Reference:
Ext.C1
Document Type:
Advocate Commissioner’s sketch
Submitted By:
Court
Relevance:
Visual evidence related to the property.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Non-payment of rent
Case Code
Case between Smitha Viswan et al vs Abdul Latheef regarding eviction under Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Smitha Viswan et al vs Abdul Latheef regarding eviction under Kerala Buildings (Lease and Rent Control) Act