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
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
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.
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.
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
Plaintiffs
Abdul Kalam Asad (27 years)
Alangattil House, Thanaloor amsom, Pakara desom, Tirur Taluk.
Defendants
Sulaiman. C (42 years)
Chakkiyathil House, Thanaloor amsom, Pakara desom, Tirur Taluk.
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