Case Summary
The petitioners, Abdul Khader and Isha Abdul Khader, seek eviction of Anish Kurian from shop rooms for non-payment of rent and to utilize the space for a lady's store. The respondent claims to pay rent regularly and denies the petitioners' need for the premises.
Judgment Outcome
Judgment Favored
Defendant
Relief Granted
Case Type
Rent Control Petition
Final Judgment
No
The petition for eviction was dismissed as the petitioners failed to establish bona fide need and evidential basis for non-payment of rent.
Key Reasoning:
Petitioners could not prove the alleged non-payment of rent nor a bona fide need for the premises.
Petitioners could not prove the alleged non-payment of rent nor a bona fide need for the premises.
Why Defendant Won:
Not available
Not available
Supporting Evidence
Petitioners failed to establish the alleged grounds for eviction.
Judgment Evidence:
In the result, the petition is dismissed.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdul Khader
- Party Age
- 73
- Relation
- H/o
- Party Role
- Plaintiff
- Party Name
- Isha Abdul Khader
- Party Age
- 65
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Anish Kurian
- Party Age
- 40
- Relation
- S/o
Plaintiffs Documents
Copy of Advocates notice issued to the defendant, Postal receipt, Acknowledgment card, Certified copy of order in I.A 1/23 in RCP 3/23 of Munsiff’s Court, Kanjirappally, Photocopy of discharge summary of K.M.Abdulkhader from Aster Medicity, Cheranelloor.
Defendants Documents
Certified copy of license in the name of Anish Kurian issued from Mundakkayam Grama Panchayath, Certified copy of Medical fitness certificate for food handler for the year 2023 in the name of Anish Kurian, Letter issued to Anish Kurian from Mundakayam Grama Panchayat, Certified copy of order in I.A 2/24 in O.S 27/2024 of Munsiff’s Court, Kanjirappally.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Muhammed Haris K.S.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sabitha G.
- Appearance Type
- Assisting Counsel
- Party Role
- Defendant
- Advocate Name
- Soni Thomas
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Refused
Description:
The petitioners sought eviction of the counter petitioner from the shop rooms.
Evidence:
Hence these points are found against the petitioners.
Documents & Evidence
Document Type:
Advocates notice
Submitted By:
Plaintiff
Relevance:
The petitioners issued this notice to the defendant regarding arrears of rent.
Reference:
Ext.A1
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
This receipt is associated with the Advocates notice sent to the defendant.
Reference:
Ext.A2
Document Type:
Acknowledgment card
Submitted By:
Plaintiff
Relevance:
This card confirms receipt of the Advocates notice.
Reference:
Ext.A3
Document Type:
Certified copy of Order
Submitted By:
Plaintiff
Relevance:
This document is the order directing the counter petitioner to pay arrears of rent.
Reference:
Ext.A4
Document Type:
Photocopy of discharge summary
Submitted By:
Plaintiff
Relevance:
This document supports the petitioners' claim regarding the first petitioner's health.
Reference:
Ext.A5
Document Type:
Certified copy of License
Submitted By:
Defendant
Relevance:
This license is related to the business conducted by the counter petitioner.
Reference:
Ext.B1
Document Type:
Certified copy of Medical fitness certificate
Submitted By:
Defendant
Relevance:
This certificate supports the counter petitioner's eligibility for food handling.
Reference:
Ext.B2
Document Type:
Letter issued
Submitted By:
Defendant
Relevance:
This letter is relevant to the counter petitioner's business operation.
Reference:
Ext.B3
Document Type:
Certified copy of Order
Submitted By:
Defendant
Relevance:
This order relates to the counter petitioner's legal standing.
Reference:
Ext.B4
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This receipt confirms payment of rent for certain months.
Reference:
Ext.B6
Document Type:
Receipt
Submitted By:
Defendant
Relevance:
This receipt confirms payment of rent for another month.
Reference:
Ext.B7
Document Type:
Commission Report
Submitted By:
Court
Relevance:
This report provides evidence about the premises in question.
Reference:
Ext.C1
Document Type:
Rough Sketch
Submitted By:
Court
Relevance:
This sketch is part of the commission report detailing the premises.
Reference:
Ext.C1(a)
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kottayam
State
Kerala
Court Establishment
Munsiff Court Kanjirappally
Common Reasons
Non-payment of rent
Case Code
Case between Abdul Khader et al vs Anish Kurian regarding eviction for non-payment of rent.
Case Code Year
Case between Abdul Khader et al vs Anish Kurian regarding eviction for non-payment of rent.