Case Summary
The petitioners, Tharamal Kunhabdulla et al, seek eviction of the respondent, Chengota Pilakilodiyil Sukumaran, from a shop room leased for hotel business due to non-payment of rent and alterations made to the property. The case arose after the petitioners' legal heir was impleaded following the original petitioner's death.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule room.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to surrender the premises within one month, failing which legal processes may be initiated for eviction.
Why Plaintiff Won:
The petitioners proved their need for eviction based on non-payment of rent and alterations made to the property.
The petitioners proved their need for eviction based on non-payment of rent and alterations made to the property.
Losing Side's Weaknesses:
The petitioners proved their need for eviction based on non-payment of rent and alterations made to the property.
The petitioners proved their need for eviction based on non-payment of rent and alterations made to the property.
Supporting Evidence
There is no dispute as to the landlord-tenant relationship. PW1 deposed in tune with the averments in the petition... Hence I find that the petitioner has proved his case and therefore he is entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed. 1) The respondent is hereby directed to surrender vacant possession of the petition schedule room within one month from today, failing which the petitioner can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Tharamal Kunhabdulla
- Party Age
- 67
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Tharammal Kunhammed
- Party Age
- 72
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Tharammal Moidu
- Party Age
- 68
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Chengota Pilakilodiyil Sukumaran
- Party Age
- 71
- Relation
- S/o
Plaintiffs Documents
Rent Kychit entered into between Kunhabdulla and Sukumaran, Cheque for Rs.2,48,000/- issued by Sukumaran in favour of Kunhabdulla, Copy of lawyer notice issued by Adv. K.B. Sivaramakrishnan to Sukumaran.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. K.B. Sivaramakrishnan
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. Jaideep Sigh K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule premises.
Evidence:
Hence I find that the petitioner has proved his case and therefore he is entitled to an order of eviction as prayed for.
Relief Type:
Costs
Outcome:
Granted
Description:
Cost recovery from the respondent.
Evidence:
The petitioners can realize the costs from the respondent.
Documents & Evidence
Document Type:
Rent Kychit
Submitted By:
Plaintiff
Relevance:
Document related to the rental agreement for the petition schedule premises.
Reference:
Ext.A1
Document Type:
Cheque
Submitted By:
Plaintiff
Relevance:
Cheque issued towards partial discharge of rent which was dishonoured.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice issued to the respondent regarding unpaid rent and the dishonoured cheque.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice.
Reference:
Ext.A3(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt associated with the delivery of the lawyer notice.
Reference:
Ext.A3(b)
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 Tharamal Kunhabdulla et al vs Chengota Pilakilodiyil Sukumaran regarding eviction of tenant
Case Code Year
Case between Tharamal Kunhabdulla et al vs Chengota Pilakilodiyil Sukumaran regarding eviction of tenant
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour