Case Summary
The petitioners, Suresh Kumar and others, seek eviction of the respondent, K.T. Sasidharan, for non-payment of rent. The respondent has defaulted on rent payments since January 2018, and the petitioners request an increase in rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and fixing fair rent at Rs. 8,000/- per month.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, fixing the fair rent for the shop room at Rs. 8,000 per month and ordering the respondent to vacate the premises.
Why Plaintiff Won:
The court found the petitioners' claims about rental default and justification for rent increase to be legitimate and unchallenged.
The court found the petitioners' claims about rental default and justification for rent increase to be legitimate and unchallenged.
Losing Side's Weaknesses:
The court found the petitioners' claims about rental default and justification for rent increase to be legitimate and unchallenged.
The court found the petitioners' claims about rental default and justification for rent increase to be legitimate and unchallenged.
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. Sasidharan
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer notice issued by K. B. Sahasranaman, Advocate on behalf of the Suresh Kumar to K.T. Sasidharan, Postal receipt, Unclaimed returned registered envelop with acknowledgment card sent by the Adv. K. B. Sahasranaman to K. T. Sasidharan
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- K. B. Sahasranaman
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
In the result, petition is allowed under section 11(2)(b) and section 5 of the Act as follows: That the respondent shall put the petitioners in possession of the petition schedule building within one month from today.
Relief Type:
Recovery
Outcome:
Granted
Description:
Fixing the fair rent of the petition schedule shop room to 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: 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:
Other
Outcome:
Granted
Description:
Entitlement of the petitioners to realize the costs from the respondent.
Evidence:
The petitioners are entitled to realise the costs from the respondent.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of the legal notice issued to the respondent demanding payment of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Postal receipt related to the legal notice sent to the respondent.
Reference:
Ext.A1(a)
Document Type:
Unclaimed returned registered envelope
Submitted By:
Plaintiff
Relevance:
Unclaimed returned registered envelope with acknowledgment card sent to the respondent.
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. Sasidharan regarding rent control eviction
Case Code Year
Case between Suresh Kumar et al vs K.T. Sasidharan regarding rent control eviction