Case Summary
The petitioners, including Venugopal.K.V and his family, filed for eviction of the respondents who were tenants in a shop room. The respondents failed to pay rent, leading to this eviction petition.
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 eviction petition, directing the respondents to vacate the premises.
Why Plaintiff Won:
The unchallenged evidence of PW1 and the supporting documents indicated the entitlement for eviction.
The unchallenged evidence of PW1 and the supporting documents indicated the entitlement for eviction.
Losing Side's Weaknesses:
The unchallenged evidence of PW1 and the supporting documents indicated the entitlement for eviction.
The unchallenged evidence of PW1 and the supporting documents indicated the entitlement for eviction.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1 to A5 would show that the petitioner is entitled to an order of eviction as prayed for.
Judgment Evidence:
In the result, this petition is allowed under Section 11(2)(b) and 11(3) of KBLR Act as follows: 1) The respondents are hereby directed to surrender vacant possession of the petition schedule room within one month from today, failing which the petitioner can get the order executed through the process of law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Venugopal.K.V
- Party Age
- 80
- Relation
- S/o.Late.Krishna Pillai
- Party Role
- Plaintiff
- Party Name
- Sasikala.K.V
- Party Age
- 74
- Relation
- W/o. deceased Venugopal
- Party Role
- Plaintiff
- Party Name
- Sajuraj.K.V
- Party Age
- 55
- Relation
- S/o. deceased Venugopal
- Party Role
- Plaintiff
- Party Name
- Bijuraj.K.V
- Party Age
- 53
- Relation
- S/o. deceased Venugopal
- Party Role
- Plaintiff
- Party Name
- Chinju.K.V
- Party Age
- 48
- Relation
- D/o. deceased Venugopal
- Party Role
- Defendant
- Party Name
- Sainaba.N.P
- Party Age
- 62
- Relation
- W/o. Late.Alikoya
- Party Role
- Defendant
- Party Name
- Sirmiya
- Party Age
- 43
- Relation
- D/o. Late.Alikoya
- Party Role
- Defendant
- Party Name
- Shabath
- Party Age
- 40
- Relation
- S/o. Late.Alikoya
- Party Role
- Defendant
- Party Name
- Shaheena
- Party Age
- 35
- Relation
- D/o. Late.Alikoya
Plaintiffs Documents
Lease deed executed between Venugopalan and Alikoya, Rent receipt book, Copy of lawyer notice issued to Sainaba.N.P with postal receipt, Postal acknowledgment card, Copy of plaint in OS 323/2023.
Defendants Documents
Nil
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.T.Rajesh
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Smt. Nibhina.M
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Order of eviction directed for 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, failing which the petitioner can get the order executed through the process of law.
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner can realize the costs from the respondents.
Evidence:
The petitioner can realize the costs from the respondents.
Documents & Evidence
Document Type:
Lease Deed
Submitted By:
Plaintiff
Relevance:
Lease deed executed between petitioner and husband of the 1st respondent and father of 2nd to 4th respondents.
Reference:
Ext.A1
Document Type:
Rent Receipt Book
Submitted By:
Plaintiff
Relevance:
Rent receipt book associated with the tenancy.
Reference:
Ext.A2
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
True copy of lawyer notice issued on behalf of the petitioner with postal receipt.
Reference:
Ext.A3
Document Type:
Postal Acknowledgement Card
Submitted By:
Plaintiff
Relevance:
Postal acknowledgement card related to the lawyer notice.
Reference:
Ext.A4
Document Type:
Plaint
Submitted By:
Plaintiff
Relevance:
True copy of plaint in OS 323/2023 between the Hon’ble Munsiff Court-IA, Kozhikode.
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 Venugopal.K.V et al vs Sainaba.N.P et al regarding eviction of tenants.
Case Code Year
Case between Venugopal.K.V et al vs Sainaba.N.P et al regarding eviction of tenants.