Case Summary
The petitioners, Vijayalakshimi and Keerthi, are seeking eviction of the respondents Purushothaman and Dakshayani Amma under the Kerala Buildings (Lease and Rent Control) Act for non-payment of rent. The court found that the respondents failed to comply with a prior order to pay arrears of rent.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
The first respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered that the first respondent is directed to put the petitioners in vacant possession of the petition schedule property due to non-compliance with a previous order.
Why Plaintiff Won:
The respondents failed to comply with the court's order to pay the admitted rent arrears.
The respondents failed to comply with the court's order to pay the admitted rent arrears.
Losing Side's Weaknesses:
The respondents failed to comply with the court's order to pay the admitted rent arrears.
The respondents failed to comply with the court's order to pay the admitted rent arrears.
Supporting Evidence
No sufficient cause is shown as to why the first respondent did not pay the arrears of rent as per order in IA.01/2024.
Judgment Evidence:
Hence, an order is passed under Section 12(3) of the Act wherein all the further proceedings in the RCP is stopped. The first respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Vijayalakshimi
- Party Age
- 46
- Relation
- W/o
- Party Role
- Plaintiff
- Party Name
- Keerthi
- Party Age
- 21
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Purushothaman
- Party Age
- 41
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Dakshayani Amma
- Party Age
- 88
- Relation
- W/o
Plaintiffs Documents
Petition seeking eviction, IA.01/2024.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.P.P.Surendran
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Syam Ashok
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Adv.P.M.Mohandas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The first respondent is directed to put the petitioners in vacant possession of the petition schedule property.
Evidence:
Hence, an order is passed under Section 12(3) of the Act wherein all the further proceedings in the RCP is stopped.
Relief Type:
Recovery
Outcome:
Not Decided
Description:
The respondent was directed to comply with the order and pay the admitted rent arrears.
Evidence:
When the case was taken on 20.01.2025, it was submitted by the learned counsel for the petitioner that order in IA.01/2024 is not complied.
Documents & Evidence
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 Vijayalakshimi vs Purushothaman regarding eviction under the Kerala Buildings (Lease and Rent Control) Act
Case Code Year
Case between Vijayalakshimi vs Purushothaman regarding eviction under the Kerala Buildings (Lease and Rent Control) Act