Case Summary
The petitioners, Abdulla Haji and Pilacheri Mami Hajjumma, seek eviction of the respondent, Moidu Palollathil, from a shop room based on arrears of rent and bona fide need for business. The respondent claims he is entitled to continue his tenancy and denies the rent increase.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent and costs of the proceedings
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition and directed the respondent to vacate the shop room within 30 days due to failure to pay rent and bona fide need of the petitioners.
Why Plaintiff Won:
The petitioners established their title and bona fide need for the shop room while the respondent failed to prove any defense.
The petitioners established their title and bona fide need for the shop room while the respondent failed to prove any defense.
Losing Side's Weaknesses:
The petitioners established their title and bona fide need for the shop room while the respondent failed to prove any defense.
The petitioners established their title and bona fide need for the shop room while the respondent failed to prove any defense.
Supporting Evidence
The petitioners stated their need clearly, and the respondent could not prove his claim of bonafide need to continue in the shop room.
Judgment Evidence:
In the result, RCP is allowed with costs. The respondent is hereby directed to put the petitioners – landlords in the vacant possession of the petition schedule room under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Abdulla Haji. C. K
- Party Age
- 62
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Pilacheri Mami Hajjumma
- Party Age
- 70
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Moidu Palollathil
- Party Age
- 52
- Relation
- S/o
Plaintiffs Documents
Rent Agreement No. 1465/1998, Assignment Deed No. 176/2011, Assignment Deed No. 1511/2005, Copy of Lawyer Notice issued by Adv. N. M. Rajagopalan
Defendants Documents
Diary, Copy of Assessment Register issued by Secretary, Gramapanchayath.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. C. Subramanyian
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. P. Anoop
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Sri. Abdul Raoof. V. P
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. C. R. Biju
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
The petitioners are entitled to evict the respondent tenant from the petition schedule shop room.
Evidence:
The petitioners bonafidely require the petition schedule shop room for the proposed business.
Relief Type:
Costs
Outcome:
Granted
Description:
The respondent is directed to pay the costs of the proceedings to the petitioners.
Evidence:
The respondent is also directed to pay the costs of the proceedings to the petitioners.
Documents & Evidence
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
Proved the tenancy of respondent in the petition schedule shop room.
Reference:
Ext.A1
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document proving the title of the second petitioner over the petition schedule shop room.
Reference:
Ext.A2
Document Type:
Assignment Deed
Submitted By:
Plaintiff
Relevance:
Document proving the title of the first petitioner over the petition schedule shop room.
Reference:
Ext.A3
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Establishes that the petitioners had issued the statutory notice to the respondent as per Sec.11(2)(b) of the Act demanding the rent arrears.
Reference:
Ext.A4
Document Type:
Postal Acknowledgment
Submitted By:
Plaintiff
Relevance:
Demonstrates the respondent received the notice.
Reference:
Ext.A4(a)
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Related to the ownership of the shop room.
Reference:
Ext.A5
Document Type:
Settlement Deed
Submitted By:
Plaintiff
Relevance:
Related to the ownership of the shop room.
Reference:
Ext.A6
Document Type:
Gift Deed
Submitted By:
Plaintiff
Relevance:
Related to the ownership of the shop room.
Reference:
Ext.A7
Document Type:
Assessment Register
Submitted By:
Plaintiff
Relevance:
Used for supporting the claim of ownership.
Reference:
Ext.A8
Document Type:
Diary
Submitted By:
Defendant
Relevance:
Document presented to show payments made towards the rent.
Reference:
Ext.B1
Document Type:
Assessment Register
Submitted By:
Defendant
Relevance:
Copy of Assessment Register issued by Secretary, Gramapanchayath.
Reference:
Ext.B2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Commission report assessing the condition of the shop room.
Reference:
Ext.C1
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court, Nadapuram
Common Reasons
Non-payment of rent
Case Code
Case between Abdulla Haji. C. K et al vs Moidu Palollathil regarding eviction from shop room
Case Code Year
Case between Abdulla Haji. C. K et al vs Moidu Palollathil regarding eviction from shop room