Case Summary
Thasneem Junaise is the petitioner seeking eviction of Amith Raj. M.V, the respondent, who has been irregular in paying rent for a shop room. The lease was terminated due to non-payment, and the petitioner requires the premises for her own business.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction, directing the respondent to vacate the premises within one month. If the respondent pays the due rent with interest, the order will be vacated.
Why Plaintiff Won:
The petitioner established a valid claim for termination of the lease due to non-payment of rent.
The petitioner established a valid claim for termination of the lease due to non-payment of rent.
Losing Side's Weaknesses:
The petitioner established a valid claim for termination of the lease due to non-payment of rent.
The petitioner established a valid claim for termination of the lease due to non-payment of rent.
Supporting Evidence
PW1 gave verbal evidence about the facts pleaded in the petition. She deposed that respondent is her tenant. She deposed that respondent kept the rent in arrears.
Judgment Evidence:
In the result, 1) The petition is allowed u/s.11(2)(b) and 11(3) of the Act. 2) The respondent is directed to surrender vacant possession of the room within one month from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thasneem Junaise
- Party Age
- 40
- Relation
- W/o Late Junaize Kammappa
- Party Role
- Defendant
- Party Name
- Amith Raj. M.V
- Party Age
- 40
- Relation
- S/o Rajan
Plaintiffs Documents
Copy of Lawyer Notice dated 18.01.2024, Copy of Lease Agreement executed between Thasneem Junaise and Amith Raj. M.V.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Srijith Cherote
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Akash. O
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule shop room.
Evidence:
The petition is allowed u/s.11(2)(b) and 11(3) of the Act.
Relief Type:
Recovery
Outcome:
Partly Granted
Description:
Recovery of rent arrears from January 2023 to 18/1/24 with interest.
Evidence:
If the respondent pays or proves to be paid the arrears of rent... within one month from today, Order u/s.11(2)(b) will be vacated.
Relief Type:
Costs
Outcome:
Granted
Description:
Entitlement to costs of the proceedings.
Evidence:
Petitioner is entitled to get costs of this proceedings.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Used to demonstrate communication regarding the termination of the lease.
Reference:
Ext.A1
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Used to support the notice served to the respondent.
Reference:
Ext.A2
Document Type:
Transaction list
Submitted By:
Plaintiff
Relevance:
Provided evidence of rent payments and arrears.
Reference:
Ext.A3
Document Type:
Lease Agreement
Submitted By:
Plaintiff
Relevance:
Established the terms and conditions of the rental agreement between the parties.
Reference:
Ext.A4
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 Thasneem Junaise vs Amith Raj. M.V regarding eviction of tenant
Case Code Year
Case between Thasneem Junaise vs Amith Raj. M.V regarding eviction of tenant
Case Flags
Cheque-Related Case
Nature of Cheque Case
Cheque Dishonour under Section 138 N.I. Act