Case Summary
Thazhe Akath Puthan Veettil Hamsath filed a petition against Ramachandran and Ummerkoya for eviction due to non-payment of rent and illegal subleasing. The petitioner claims that the respondents have defaulted on rent and breached lease terms.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are directed to put the petitioner in possession of the petition schedule shop room within a period of two months.
Case Type
Rent Control Petition
Final Judgment
No
The court found in favor of the petitioner and ordered the respondents to vacate the premises due to non-payment of rent and illegal subletting. Costs were also awarded to the petitioner.
Why Plaintiff Won:
The petitioner provided sufficient evidence to prove rent arrears and unauthorized subleasing.
The petitioner provided sufficient evidence to prove rent arrears and unauthorized subleasing.
Losing Side's Weaknesses:
The petitioner provided sufficient evidence to prove rent arrears and unauthorized subleasing.
The petitioner provided sufficient evidence to prove rent arrears and unauthorized subleasing.
Supporting Evidence
The upshot of the discussion is that there are enough materials available before this court to show that the respondent had kept rent in arrears as mentioned in Ext. A1 notice.
Judgment Evidence:
In the result, RCP is allowed under Sections 11(2)(b) and 11(4)(i) of KBLR Act as follows: 1) The respondents are hereby directed to put the petitioner in possession of the petition schedule shop room within a period of two months from today, failing which the petitioner can execute the present order with the assistance of the Court.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thazhe Akath Puthan Veettil Hamsath
- Party Age
- 64
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Ramachandran
- Party Age
- 58
- Party Role
- Defendant
- Party Name
- Ummerkoya
- Relation
- C/o.
Plaintiffs Documents
Copy of lawyer notice with postal receipt and acknowledgment card sent by Sanjeevan Panakkal to Oadayora Ramachandran, Reply of lawyer notice sent by Adv. E.V. Viswambaran to Adv. Sajeevan Panakkal, Copy of lawyer notice with postal receipt and acknowledgment card sent by Adv. Sanjeevan Panakkal to Oadayora Ramachandran, Commission report filed by Adv. Akhil.I before Ist Addl. Munsiff’s Court, Kozhikode in RCP 166/2018
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Smt.K.Lakshmi
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.E.V.Viswambaran
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction under Sections 11(2)(b) and 11(4)(i) of KBLR Act.
Evidence:
The upshot of the discussion is that there are enough materials available before this court to show that the respondent had kept rent in arrears as mentioned in Ext. A1 notice. It follows that PW1 is entitled for an order of eviction under Section 11(2) (b) of KBLR Act.
Relief Type:
Costs
Outcome:
Granted
Description:
Order for the respondents to pay the costs of the petition.
Evidence:
I find no reason to deviate from the normal rule that the costs shall follow the event.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Copy of lawyer notice sent to the first respondent demanding arrears of rent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Reply of lawyer notice sent by the first respondent's advocate.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Second lawyer notice sent to the first respondent after correcting the name.
Reference:
Ext.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report filed regarding the lease conditions and sublease.
Reference:
Ext.A4
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 Thazhe Akath Puthan Veettil Hamsath vs Ramachandran et al regarding Lease and Rent Control
Case Code Year
Case between Thazhe Akath Puthan Veettil Hamsath vs Ramachandran et al regarding Lease and Rent Control