Case Summary
This case involves Suresh Kumar and others seeking eviction of K.T. Gangadharan for non-payment of rent. The respondent has defaulted in paying rent for a shop room owned by the petitioners, leading to this petition for eviction and enhancement of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and fixation of fair rent at Rs.8,000/- per month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, fixing the fair rent at Rs.8,000/- per month and ordering the respondent to vacate the premises. It was determined that the respondent failed to pay rent after April 2016 and was therefore liable for eviction.
Why Plaintiff Won:
The petitioners proved that the respondent failed to pay rent as required under the lease agreement.
The petitioners proved that the respondent failed to pay rent as required under the lease agreement.
Losing Side's Weaknesses:
The petitioners proved that the respondent failed to pay rent as required under the lease agreement.
The petitioners proved that the respondent failed to pay rent as required under the lease agreement.
Supporting Evidence
The evidence of PW1 supported by Exts.A1 series & A2 stands unchallenged. There is nothing on record to believe that the respondent has paid the rent.
Judgment Evidence:
In the result, petition is allowed under section 11(2)(b) and section 5 of the Act as follows: 1) The fair rent of the petition schedule shop room is fixed at Rs.8,000/- per month w.e.f 22.08.2024. 2) That the respondent shall put the petitioners in possession of the petition schedule building within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Suresh Kumar
- Party Age
- 58
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Valiyaparambath Unnimadhavan
- Party Age
- 71
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- T.K. Surendran
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Shyni
- Party Age
- 54
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.T. Gangadharan
- Party Age
- 60
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice issued by Adv. K. B. Sahasranaman on behalf of Suresh Kumar to K.T. Gangadharan, Postal receipt, Unclaimed returned registered envelop with acknowledgment card sent by Adv. K. B. Sahasranaman to K.T. Gangadharan.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sahasranaman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Aifa Abdul Rahman
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Recovery
Outcome:
Granted
Description:
The fair rent of the petition schedule shop room is fixed at Rs.8,000/- per month.
Evidence:
In the result, petition is allowed under section 11(2)(b) and section 5 of the Act as follows: 1) The fair rent of the petition schedule shop room is fixed at Rs.8,000/- per month w.e.f 22.08.2024.
Relief Type:
Possession
Outcome:
Granted
Description:
The respondent shall put the petitioners in possession of the petition schedule building within one month.
Evidence:
That the respondent shall put the petitioners in possession of the petition schedule building within one month from today.
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent under section 11(2)(b) of the Act.
Evidence:
Hence he is liable to be vacated under section 11(2)(b).
Relief Type:
Other
Outcome:
Granted
Description:
Petitioners are entitled to realise costs from the respondent.
Evidence:
The petitioners are entitled to realise the costs from the respondent.
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document was used to show that a legal notice was served to the respondent for the arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This document serves as proof of sending the legal notice to the respondent.
Reference:
Ext.A1(a)
Document Type:
Unclaimed returned registered envelope
Submitted By:
Plaintiff
Relevance:
This document indicates that the legal notice sent to the respondent was unclaimed.
Reference:
Ext.A2
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 Suresh Kumar et al vs K.T. Gangadharan regarding eviction and rent enhancement
Case Code Year
Case between Suresh Kumar et al vs K.T. Gangadharan regarding eviction and rent enhancement