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Original Suit No. 69 OF 2015

Case between Abdul Kalam Asad vs Sulaiman. C regarding eviction and realization of arrears of rent.

Court
IN THE COURT OF THE MUNSIFF OF TIRUR
Judge
Sri. JANKISH NARAYANAN
Order Date
2019-08-29
Duration
Case Closed

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdul Kalam Asad filed a suit against Sulaiman. C for eviction from a shop room and recovery of arrears of rent. The plaintiff claimed the defendant failed to pay rent as stipulated and did not vacate the premises after termination of the lease.

Judgment Outcome

Plaintiff Won
Interim Order
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the shop room and pay the arrears of rent along with interest. The plaintiff is also entitled to recover the costs of the suit from the defendant.
Judgment Favored
Plaintiff
Relief Granted
Defendant is directed to put the plaintiffs in vacant possession of the plaint schedule property within one month and pay rent at the rate of Rs. 1,500/- per month from February, 2012 to February, 2015 with interest.
Case Type
Original Suit
Final Judgment
No
The court decreed the suit in favor of the plaintiff, ordering the defendant to vacate the shop room and pay the arrears of rent along with interest. The plaintiff is also entitled to recover the costs of the suit from the defendant.
Why Plaintiff Won:
The court found that the defendant has kept the rent in arrears and did not establish any legitimate claim to remain in possession of the property after termination of the tenancy.
Losing Side's Weaknesses:
Not available
Supporting Evidence
The plaintiff’s evidence regarding the arrears of rent remained unchallenged. The notice of termination was valid, and the defendant failed to prove he had a legitimate claim to remain as a licensee.

Judgment Evidence:

In the result, the suit is decreed as follows: I. The defendant is directed to put the plaintiffs in vacant possession of the plaint schedule property within one month from today. II. The plaintiff is entitled to realise the rent at the rate of Rs.1,500/- per month from February, 2012 to February, 2015 with interest @ 12% per annum from the date of suit till realization, from the defendant and his assets. III. Plaintiff is entitled to realise the costs of the suit from the defendant.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdul Kalam Asad
Party Age
27
Relation
S/o
Party Role
Defendant
Party Name
Sulaiman. C
Party Age
42
Relation
S/o
Plaintiffs Documents
Copy of Registered Lawyer Notice with Postal Receipt, Acknowledgment Card, Receipt book, and data from Replication DB.
Defendants Documents
Certified copy of plaint in OS 68/2015, Certified copy of written statement in OS 68/2015, Certified copy of Judgment in OS 68/2015 dt; 31-5-2017.

Advocates

Party Role
Plaintiff
Advocate Name
Sri. M.A.Ismail
Appearance Type
Main Counsel
Party Role
Defendant
Advocate Name
Sri.V.Chandrasekharan
Appearance Type
Main Counsel

Reliefs

Relief Type: Possession
Outcome: Granted
Description:
Defendant is directed to put the plaintiff in vacant possession of the plaint schedule property.
Evidence:
The defendant is directed to put the plaintiffs in vacant possession of the plaint schedule property within one month from today.
Relief Type: Recovery
Outcome: Granted
Description:
Plaintiff is entitled to realize the rent with interest for the specified period.
Evidence:
The plaintiff is entitled to realise the rent at the rate of Rs.1,500/- per month from February, 2012 to February, 2015 with interest @ 12% per annum from the date of suit till realization, from the defendant and his assets.
Relief Type: Other
Outcome: Granted
Description:
Plaintiff is entitled to realize the costs of the suit from the defendant.
Evidence:
Hence the plaintiff is entitled to realise the cost of the suit from the defendant.

Documents & Evidence

Document Type: Lawyer Notice
Submitted By: Plaintiff
Relevance:
The court recognized this notice as properly terminating the tenancy.
Reference:
Ext.A1
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Used as evidence related to the termination notice.
Reference:
Ext.A2
Document Type: Rent Receipt Counterfoils
Submitted By: Plaintiff
Relevance:
Demonstrated that the plaintiff was collecting rent from the defendant.
Reference:
Ext.A4 and A5
Document Type: Plaint in OS 68/2015
Submitted By: Defendant
Relevance:
Relevant for examining the defendant's claims regarding the landlord-tenant relationship.
Reference:
Ext.B1
Document Type: Written Statement in OS 68/2015
Submitted By: Defendant
Relevance:
Part of the evidence on the defendant's claims.
Reference:
Ext.B2
Document Type: Judgment in OS 68/2015
Submitted By: Defendant
Relevance:
Relevant for understanding previous legal proceedings between the parties.
Reference:
Ext.B3

Case Classification

Case Type
Original Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Non-payment of rent
Case Code
Case between Abdul Kalam Asad vs Sulaiman. C regarding eviction and realization of arrears of rent.
Case Code Year
Case between Abdul Kalam Asad vs Sulaiman. C regarding eviction and realization of arrears of rent.

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Case Closed
From
Thu, 08/01/2019 - 12:00
To
Sat, 08/31/2019 - 12:00
Outcome Confidence
90%

Involved Entities

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