Case Summary
Thottathil Abdul Kalam and Mukkadamannil Ramlabeevi filed a petition against E.V. Alikoya for surrendering possession of leased shop rooms. The petitioners claimed that the respondent has not paid rent and subleased the premises contrary to the agreement.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The respondents are directed to surrender vacant possession of the petition schedule room within one month.
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition, directing the respondent to surrender the leased shop rooms within one month.
Why Plaintiff Won:
The petitioners established their case as the respondent did not challenge the evidence presented.
The petitioners established their case as the respondent did not challenge the evidence presented.
Losing Side's Weaknesses:
The petitioners established their case as the respondent did not challenge the evidence presented.
The petitioners established their case as the respondent did not challenge the evidence presented.
Supporting Evidence
The evidence of PW1 and the documents relied upon her remained unchallenged. As such, I find that the petitioners have established their case and therefore they are entitled to an order as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(3) & 11(4)(i) of KBLR Act are follows: 1) The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Thottathil Abdul Kalam
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Mukkadamannil Ramlabeevi
- Party Age
- 58
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- E.V. Alikoya
- Party Age
- 80
- Relation
- S/o
Plaintiffs Documents
Exts. A1, A2, A3 series, A4 series and A5 were marked.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- R.M. Subair
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- C.P. Semeera
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- M. Ayisha Misna
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Possession
Outcome:
Granted
Description:
Directing the respondents to surrender vacant possession of the petition schedule room.
Evidence:
The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Allowing the petitioner to realize costs from the respondent.
Evidence:
The petitioner can realize the costs from the respondent.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Executed between Abdul Kalam and E.V. Alikoya for the petition A schedule property.
Reference:
Ext.A1
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Executed between Abdul Kalam and E.V. Alikoya for the petition B schedule property.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. R.M. Subair to E.V. Alikoya regarding the lease agreement.
Reference:
Ext.A3 (Series)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. R.M. Subair to E.V. Alikoya regarding the lease agreement.
Reference:
Ext.A4
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notices sent.
Reference:
Ext.A4(a)
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Related to the lawyer notices sent.
Reference:
Ext.A4(b)
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
Sent by Adv. Faizal P. Mukkam to Adv. R.M. Subair.
Reference:
Ext.A5
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 Thottathil Abdul Kalam et al vs E.V. Alikoya regarding rent control petition
Case Code Year
Case between Thottathil Abdul Kalam et al vs E.V. Alikoya regarding rent control petition