Case Summary
Sri.Mahamood Haji is the petitioner seeking eviction of respondents Sivarajan and Sri.B.P.Anil Kumar from his shop room. The petitioner claims that the first respondent subleased the property illegally to the second respondent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondents from the shop room and payment of costs to the petitioner.
Case Type
Rent Control
Final Judgment
No
The court allowed the petition for eviction, ruling that the respondents were occupying the property illegally through subleasing.
Why Plaintiff Won:
The petitioner’s claim of illegal subleasing by the first respondent was substantiated.
The petitioner’s claim of illegal subleasing by the first respondent was substantiated.
Losing Side's Weaknesses:
The petitioner’s claim of illegal subleasing by the first respondent was substantiated.
The petitioner’s claim of illegal subleasing by the first respondent was substantiated.
Supporting Evidence
The lease agreement specifies that the property shall not be subleased to a third party, and this condition was violated by the first respondent.
Judgment Evidence:
In the result, the petition is allowed under Section 11(4)(i) of Kerala Buildings (Lease and Rent Control) Act as follows: 1) The respondents are directed to surrender the vacant possession of the petition schedule shop room 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
- Sri.Mahamood Haji
- Party Age
- 66
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sivarajan
- Party Age
- 61
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Sri.B.P.Anil Kumar
- Party Age
- 54
- Relation
- S/o
Plaintiffs Documents
Lease agreement dated 20.02.1996, Lawyer notice dated 09.11.2022.
Defendants Documents
Decree in OS 554/2017, Rent Receipts.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.N.Manoj
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.Manjeri Sundar Raj
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents on the ground of sublease.
Evidence:
The petition is allowed under Section 11(4)(i) of Kerala Buildings (Lease and Rent Control) Act as follows: The respondents are directed to surrender the vacant possession of the petition schedule shop room within one month from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Costs of the petition to be paid to the petitioner.
Evidence:
The respondents shall pay the costs of the petition to the petitioner.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that the petitioner issued a notice to the respondents demanding ejection of the sublessee.
Reference:
Ext.A2
Document Type:
Original kooli Kychit executed between 1st respondent and petitioner
Submitted By:
Plaintiff
Relevance:
This lease agreement was referred to prove that subleasing was prohibited.
Reference:
Ext.A3
Document Type:
Copy of Decree in OS 554/2017
Submitted By:
Defendant
Relevance:
This document was produced as evidence by the second respondent in support of his claim regarding the partnership.
Reference:
Ext.B1
Document Type:
True xerox copy of Rent Receipt
Submitted By:
Defendant
Relevance:
This document was provided to demonstrate that the second respondent regularly paid rent.
Reference:
Ext.B2
Document Type:
G.S.T invoice
Submitted By:
Defendant
Relevance:
This document supports the claim regarding the business conducted by the second respondent.
Reference:
Ext.B2(a)
Document Type:
True xerox copy of G.S.T invoice
Submitted By:
Defendant
Relevance:
This document further substantiates the business activities of the second respondent.
Reference:
Ext.B3
Document Type:
Rent Receipt
Submitted By:
Defendant
Relevance:
This is another receipt showing rental payments made by the second respondent.
Reference:
Ext.B3(a)
Document Type:
Copy of Lawyer Notice
Submitted By:
Defendant
Relevance:
This document was presented in the context of communications related to the case.
Reference:
Ext.B4
Case Classification
Case Type
Rent Control
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Sublease violation
Case Code
Case between Sri.Mahamood Haji vs Sivarajan et al regarding eviction of tenants
Case Code Year
Case between Sri.Mahamood Haji vs Sivarajan et al regarding eviction of tenants