Case Summary
Sujatha. K.N, appointed as receiver, filed a petition against Abdul Kareem for default in rent payment and seeking eviction. The petition involved a dispute regarding rental arrears and lease terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and payment of rent arrears plus interest.
Case Type
Rent Control Petition
Final Judgment
No
The petition was allowed, directing Abdul Kareem to vacate the rented property and pay the outstanding rent. The court instructed that if the arrears are settled within a month, the eviction order could be vacated.
Why Plaintiff Won:
The petitioner proved the respondent's default in rent payment.
The petitioner proved the respondent's default in rent payment.
Losing Side's Weaknesses:
The petitioner proved the respondent's default in rent payment.
The petitioner proved the respondent's default in rent payment.
Supporting Evidence
The said evidence deposed by plaintiff remains unchallenged. Therefore the petitioner is entitled to get the vacant possession of the petition schedule room under Section 11(2)(b) of the Act.
Judgment Evidence:
In the result, 1. The petition is allowed u/s 11(2)(b) of the Act. 2. The respondent is directed to surrender vacant possession of the room within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Sujatha. K.N
- Party Age
- 57
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Abdul Kareem
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Copy of order passed by Hon’ble Sub court, Kozhikode in FDIA. 1070/2014 in OS.171/2007, Copy of Lawyer Notice with postal receipts and unserved cover.
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Smt. Sindhu. A
- Appearance Type
- Main Counsel
- Party Role
- Respondent
- Advocate Name
- K. Muraleedharan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The respondent is directed to surrender vacant possession of the room.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act. The respondent is directed to surrender vacant possession of the room within two months from the date of this order.
Relief Type:
Recovery
Outcome:
Granted
Description:
The respondent is liable to pay rent arrears with interest.
Evidence:
The respondent is liable to pay rent arrears of 9,58,600/- (Rupees Nine Lakhs Fifty Eight Thousand And Six Hundred Only) from 12/12/2012 with interest at the rate of 6% per annum.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of this proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Order
Submitted By:
Court
Relevance:
Certified copy of the order passed by Hon’ble Sub Court, Kozhikode in FDIA. 1070/2014 in OS.171/2007, appointing the petitioner as advocate receiver.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Petitioner
Relevance:
Lawyer notice sent by the petitioner demanding rent arrears, which was returned unserved.
Reference:
Ext.A2
Document Type:
Rent Agreement
Submitted By:
Petitioner
Relevance:
Rent agreement between the petitioner and the respondent detailing the terms of tenancy.
Reference:
Ext.A3
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 Sujatha. K.N vs Abdul Kareem regarding rent recovery and eviction
Case Code Year
Case between Sujatha. K.N vs Abdul Kareem regarding rent recovery and eviction