Case Summary
Vaheeda.P.M filed a petition seeking eviction of K.Mehaboob due to non-payment of rent. The petitioner claims the respondent has arrears and requires the shoproom for her livelihood.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and costs of the petition.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to surrender the shoproom within two months. The petitioner is entitled to costs.
Why Plaintiff Won:
The petitioner proved the respondent's arrears of rent and bona fide need for the property.
The petitioner proved the respondent's arrears of rent and bona fide need for the property.
Losing Side's Weaknesses:
The petitioner proved the respondent's arrears of rent and bona fide need for the property.
The petitioner proved the respondent's arrears of rent and bona fide need for the property.
Supporting Evidence
The petitioner succeeded in proving her bona fide need.
Judgment Evidence:
In the result, the petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act as follows: 1)The respondent is directed to surrender vacant possession of petition schedule property within a period of two months from today failing which the petitioner can get the order executed through the process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vaheeda.P.M
- Party Age
- 52
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- K.Mehaboob
- Party Age
- 50
- Relation
- S/o
Plaintiffs Documents
Original coolie kachit executed between Petitioner and Respondent, lawyer notices.
Defendants Documents
Photograph of petition schedule shop room.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.Sunil Kumar.M.P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri.P.K.Sidharthan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner sought eviction of the respondent on the grounds of arrears of rent.
Evidence:
The petition is allowed under Section 11(2)(b) and 11(3) of Kerala Buildings (Lease and Rent Control) Act.
Relief Type:
Costs
Outcome:
Granted
Description:
The petitioner is entitled to get the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
The lease deed proves the terms and conditions of the tenancy between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
The notice informs the respondent of the rental arrears and the demand for payment.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the lawyer notice to the respondent.
Reference:
Ext.A2(a)
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Another notice sent to the respondent regarding the rental arrears.
Reference:
Ext.A3
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending the additional lawyer notice.
Reference:
Ext.A3(a)
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Evidence of delivery of communication to the respondent.
Reference:
Ext.A4
Document Type:
Unclaimed Cover
Submitted By:
Plaintiff
Relevance:
Witness of the legal notice sent to the respondent which remained unclaimed.
Reference:
Ext.A5
Document Type:
Certified Judgment
Submitted By:
Plaintiff
Relevance:
Proves the prior legal proceedings involving the respondent.
Reference:
Ext.A6
Document Type:
Certified Decree
Submitted By:
Plaintiff
Relevance:
Confirms the outcome of the prior case against the respondent.
Reference:
Ext.A7
Document Type:
Photograph
Submitted By:
Defendant
Relevance:
Photographic evidence of the petition schedule shop room.
Reference:
Ext.B1
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
Receipt for the repair works allegedly conducted by the respondent in the petition schedule property.
Reference:
Ext.B2
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 Vaheeda.P.M vs K.Mehaboob regarding eviction under Kerala Buildings (Lease and Rent Control) Act.
Case Code Year
Case between Vaheeda.P.M vs K.Mehaboob regarding eviction under Kerala Buildings (Lease and Rent Control) Act.