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RENT CONTROL PETITION NO. 70 OF 2016

Case between Abdurahiman et al vs Rukhiya et al regarding eviction for non-payment of rent

Court
Court of Rent Controller of Tirur
Judge
Smt. Vincy T.V.
Order Date
2017-11-08
Duration
1 year 5 months 28 days
Case Closed
Wed, 11/08/2017 - 12:00

Judgement document from eCourt website

Judgment Document
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Case Summary

Abdurahiman filed a petition seeking eviction of Rukhiya for non-payment of rent. The petitioner claimed that the respondent's neglect caused damage to the building and eviction was sought due to arrears and breach of contract.

Judgment Outcome

Plaintiff Won
Interim Order
The court granted the eviction order against the respondent directing her to vacate the property within two months.
Judgment Favored
Plaintiff
Relief Granted
Eviction
Case Type
Rent Control Petition
Final Judgment
No
The court granted the eviction order against the respondent directing her to vacate the property within two months.
Why Plaintiff Won:
The petitioner successfully demonstrated non-payment of rent, the respondent's neglect causing damage to the building, and breach of contract.
Losing Side's Weaknesses:
The petitioner successfully demonstrated non-payment of rent, the respondent's neglect causing damage to the building, and breach of contract.
Supporting Evidence
The petitioner proved non-payment of rent, neglect causing damage, and breach of contract by the respondent.

Judgment Evidence:

The petition is allowed under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.

Parties Involved

Parties

Party Role
Plaintiff
Party Name
Abdurahiman
Party Age
67
Relation
S/o. Mohammed Haji
Party Role
Defendant
Party Name
Rukhiya
Party Age
41
Relation
D/o. Moidutty Haji
Plaintiffs Documents
Copy of lawyer notice with postal receipt, Acknowledgment card
Defendants Documents
Not available

Advocates

Reliefs

Relief Type: Eviction
Outcome: Granted
Description:
Eviction order for non-payment of rent and damage to the building
Evidence:
The petition is allowed under section 11(2)(b) and 11(3) of the Kerala Building (Lease and Rent Control) Act 1965.

Documents & Evidence

Document Type: Copy of lawyer notice with postal receipt
Submitted By: Plaintiff
Relevance:
Notice demanding arrears of rent and possession of the room.
Reference:
A1(a)
Document Type: Acknowledgment card
Submitted By: Plaintiff
Relevance:
Acknowledgment of notice served.
Reference:
A1(b)

Case Classification

Case Type
Rent Control Petition
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 Abdurahiman et al vs Rukhiya et al regarding eviction for non-payment of rent
Case Code Year
Case between Abdurahiman et al vs Rukhiya et al regarding eviction for non-payment of rent

Quick Facts

Location
Tirur
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Case Filed
Wed, 05/11/2016 - 12:00
Case Closed
Wed, 11/08/2017 - 12:00
From
Wed, 11/01/2017 - 12:00
To
Thu, 11/30/2017 - 12:00
Outcome Confidence
95%

Involved Entities

Private Individual

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