Case Summary
VT Sheela, the petitioner, is seeking eviction of Saheer Ali Parakkott, the respondent, from a shop room due to non-payment of rent and prolonged absence from the premises. The respondent has not conducted any business in the shop room for over 30 months.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the shop room and costs of the petition
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondent to vacate the premises within two months. The petitioner may execute the order through legal means if not complied within the specified timeframe.
Why Plaintiff Won:
The respondent's absence and failure to challenge the evidence presented supported the petitioner's claims.
The respondent's absence and failure to challenge the evidence presented supported the petitioner's claims.
Losing Side's Weaknesses:
The respondent's absence and failure to challenge the evidence presented supported the petitioner's claims.
The respondent's absence and failure to challenge the evidence presented supported the petitioner's claims.
Supporting Evidence
The unchallenged evidence of PW1 and Exts. A1, C1 and C1(a) 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(4)(v) of KBLR Act as follows: 1. That the respondent is hereby directed to surrender the vacant possession of the petition scheduled premises to the petitioner within a period of two months from today failing which the petitioner can execute the same through process known to law.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- VT Sheela
- Party Age
- 63
- Relation
- D/o
- Party Role
- Defendant
- Party Name
- Saheer Ali Parakkott
- Party Age
- 45
- Relation
- S/o
Plaintiffs Documents
Original Licence agreement entered into between VT Sheela and Saheer Ali P.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Vinodhini K
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioner requested the eviction of the respondent from the shop room.
Evidence:
The petitioner is entitled to an order of eviction as prayed for.
Relief Type:
Cost Recovery
Outcome:
Granted
Description:
The petitioner is entitled to realise the costs of the petition from the respondent.
Evidence:
The petitioner is entitled to realise the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Original Licence Agreement
Submitted By:
Plaintiff
Relevance:
The original licence agreement established the terms under which the respondent occupied the shop room.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report provided evidence regarding the condition of the premises.
Reference:
Ext.C1
Document Type:
Commission Plan
Submitted By:
Court
Relevance:
The commission plan was relevant to visualizing the premises in question.
Reference:
Ext.C1(a)
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 VT Sheela vs Saheer Ali Parakkott regarding eviction of shop room
Case Code Year
Case between VT Sheela vs Saheer Ali Parakkott regarding eviction of shop room