Case Summary
Petition filed by Kainikkara Muhammedkutty under Kerala Buildings (Lease and Rent Control) Act, 1965 to evict tenants for bonafide need of building. Respondents deny landlord claims and subletting accusations.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of defendants from the building
Case Type
Rent Control Petition
Final Judgment
No
Why Plaintiff Won:
Petitioner provided cogent and reliable evidence unchallenged by absent respondents.
Petitioner provided cogent and reliable evidence unchallenged by absent respondents.
Judgment Evidence:
Petition allowed under Kerala Building (Lease and Rent Control) Act to evict defendants and recover costs.
Parties Involved
Plaintiffs
Kainikkara Muhammedkutty (63 Years years)
Trikkandiyur amsom, Kumaramangalam desom, Tirur Taluk
Defendants
Hamza (66 Years years)
Elanattil House, Pazhamkulangara, Tirur amsom, Kott desom, PO. Tirur, Tirur Taluk, 676 101
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Vacant possession of building granted to petitioner
Evidence:
Respondents directed to give vacant possession within three months
Relief Type:
Eviction
Outcome:
Granted
Description:
Order vacated on deposit of arrears of rent within one month
Evidence:
Order under S. 11 (2) (b) shall be vacated on deposit of arrears of rent within one month
Relief Type:
Other
Outcome:
Granted
Description:
Petitioner entitled to realize costs of the petition from the respondent
Evidence:
Petitioner entitled to realize the costs of the petition from the respondent
Documents & Evidence
Document Type:
Copy of Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Document issued to respondents demanding surrender of building
Reference:
Exbt.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Receipt for lawyer notice sent to respondents
Reference:
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledgment card for lawyer notice sent to respondents
Reference:
Document Type:
Unserved Letter
Submitted By:
Plaintiff
Relevance:
Unserved letter to respondents
Reference:
Exbt.A2
Document Type:
Unserved Letter
Submitted By:
Plaintiff
Relevance:
Unserved letter to respondents
Reference:
Exbt.A3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report from Advocate Commissioner
Reference:
Exbt.C1
Document Type:
Sketch
Submitted By:
Court
Relevance:
Sketch filed by Advocate Commissioner
Reference:
Exbt.C2