Case Summary
The petitioners Suharabi.C and Beerankoya are the owners of a shop room leased to the respondent Muhammed Nafih.K.V, who has not paid rent since November 2019. The petitioners filed for eviction due to non-payment of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to vacate the premises due to arrears of rent.
Why Plaintiff Won:
The evidence of the petitioners remained unchallenged and unrebutted.
The evidence of the petitioners remained unchallenged and unrebutted.
Losing Side's Weaknesses:
The evidence of the petitioners remained unchallenged and unrebutted.
The evidence of the petitioners remained unchallenged and unrebutted.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) 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.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suharabi.C
- Party Age
- 66
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Beerankoya
- Party Age
- 78
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammed Nafih.K.V
- Party Age
- 33
- Relation
- S/o
Plaintiffs Documents
Copy of lawyer notice with postal receipt, Returned lawyer notice with acknowledgment card, License agreement entered into between Suharabi.C, Beerankoya and Muhammed Nafih.K.V
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Rafthas.P
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners sought eviction of the respondent from the shop room due to non-payment of rent.
Evidence:
The unchallenged evidence of PW1 and Exts. A1 to A3 would show that the petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Other
Outcome:
Granted
Description:
The petitioners are entitled to recover the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The court referenced a lawyer notice issued to the respondent regarding the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
The postal receipt related to the lawyer notice was mentioned as part of the evidence.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
A returned lawyer notice was noted as part of the petitioner's evidence.
Reference:
Ext.A2
Document Type:
License Agreement
Submitted By:
Plaintiff
Relevance:
The license agreement between the petitioners and the respondent was crucial to the court's decision.
Reference:
Ext.A3
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 Suharabi.C et al vs Muhammed Nafih.K.V regarding arrears of rent
Case Code Year
Case between Suharabi.C et al vs Muhammed Nafih.K.V regarding arrears of rent