Case Summary
The petitioners, Thayilpurayil Moideen Koya, and others, are seeking eviction of the respondent, M Kunhali, for non-payment of rent. The respondent had taken property on lease but failed to pay the dues amounting to Rs.3,00,000.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule shop room and costs of the proceedings.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the respondent's failure to pay the claimed rent arrears. The respondent is ordered to vacate the premises.
Why Plaintiff Won:
The evidence from the petitioners was unchallenged, demonstrating their entitlement to eviction.
The evidence from the petitioners was unchallenged, demonstrating their entitlement to eviction.
Losing Side's Weaknesses:
The evidence from the petitioners was unchallenged, demonstrating their entitlement to eviction.
The evidence from the petitioners was unchallenged, demonstrating their entitlement to eviction.
Supporting Evidence
He has produced Exts.A1 and A3 in support of his case. The evidence of PW1 and the documents produced by him stands unchallenged.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act. The respondent is hereby directed to surrender the vacant possession of the petition schedule shop room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thayilpurayil Moideen Koya
- Party Age
- 66
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Thayilpurayil Abdul Salam
- Party Age
- 52
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Cholakundil Sulaikha Moideen
- Party Age
- 58
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Anshad Moideen
- Party Age
- 35
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- M Kunhali
- Party Age
- 39
- Relation
- S/o
Plaintiffs Documents
Kooli Kacheet executed by petitioners and Respondent, Copy of lawyer notice, Postal receipts, Postal acknowledgment card, Reply notice.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Razal Rahiman
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Jyothi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.K.M.Musthafa
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- V.G.Neena
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order for the respondent to surrender possession of the property.
Evidence:
In the result, the petition is allowed under Section 11(2)(b) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Respondent directed to pay costs of the proceedings to the petitioners.
Evidence:
The respondent shall pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Kooli Kacheet
Submitted By:
Plaintiff
Relevance:
Document establishing lease agreement with the respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent demanding payment of arrears of rent.
Reference:
Ext.A2
Document Type:
Postal Receipts
Submitted By:
Plaintiff
Relevance:
Proof of sending lawyer notice.
Reference:
Ext.A2(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment of receipt of the lawyer notice by the respondent.
Reference:
Ext.A2(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Respondent's reply to the notice containing allegations.
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 Thayilpurayil Moideen Koya et al vs M Kunhali regarding eviction due to non-payment of rent
Case Code Year
Case between Thayilpurayil Moideen Koya et al vs M Kunhali regarding eviction due to non-payment of rent