Case Summary
Abdul Azeez, the petitioner, filed for eviction against Prathapan due to non-payment of rent for a residential building amounting to Rs. 2,07,000/-. The respondent contested the claims stating there was an agreement for sale.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction ordered within two months if arrears are not paid.
Case Type
Rent Control Petition
Final Judgment
No
The court ordered Prathapan to vacate the property due to failure to pay rent. Prathapan has the option to pay the arrears to avoid eviction.
Why Plaintiff Won:
Petitioner provided sufficient evidence of non-payment of rent.
Petitioner provided sufficient evidence of non-payment of rent.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner proving that there is arrears of rent.
Judgment Evidence:
In view of the findings on point No.1 , an order is passed in the following terms: (i) The respondent is directed to put the petitioner in possession of the petition scheduled building u/s.11(2) (b) of the Act within two months from this date.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Azeez
- Party Age
- 75
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Prathapan
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Original Lease Agreement dated 21-03-2015, Copy of Advocate Notice dated 08-11-2022, Postal Receipt dated 09-11-2022.
Defendants Documents
Agreement with respect to sale of property dated 16-04-2016, Original Lease Agreement dated 12-08-2020.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Deepu.I
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Panambil S Jayakumar
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of respondent from the petition schedule building.
Evidence:
The respondent shall be directed to surrender the vacant possession of the Petition Schedule Building.
Relief Type:
Recovery
Outcome:
Granted
Description:
Recovery of arrears of rent.
Evidence:
The order of eviction shall be vacated if the tenant deposits the arrears of rent of Rs.2,07,000/-.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to realise costs of the proceedings.
Evidence:
Petitioner is entitled to realise the costs of the proceedings from the respondent.
Documents & Evidence
Document Type:
Original lease agreement
Submitted By:
Plaintiff
Relevance:
Establishes landlord-tenant relationship.
Reference:
Ext.A1
Document Type:
Copy of Advocate Notice
Submitted By:
Plaintiff
Relevance:
Notice demanding payment of rent arrears.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Proof of sending advocate notice.
Reference:
Ext.A3
Document Type:
Postal Acknowledgment Card
Submitted By:
Plaintiff
Relevance:
Acknowledge receipt of advocate notice.
Reference:
Ext.A4
Document Type:
Agreement with respect to sale of property
Submitted By:
Defendant
Relevance:
Counterclaims regarding sale agreement.
Reference:
Ext.B1
Document Type:
Original lease agreement
Submitted By:
Defendant
Relevance:
Supports defendant's argument.
Reference:
Ext.B2
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Abdul Azeez vs Prathapan regarding eviction due to arrears of rent.
Case Code Year
Case between Abdul Azeez vs Prathapan regarding eviction due to arrears of rent.