Case Summary
Adimaparambil Abdul Razaq, the plaintiff, filed a suit against Nedumparambil Abdul Latheef, the defendant, for eviction from a house that was let out on rent. The plaintiff claims that the defendant has not paid rent arrears and that he requires the house for personal use.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Case Type
Civil Suit
Final Judgment
No
The suit is decreed, requiring the defendant to surrender vacant possession of the house to the plaintiff within 3 months. The plaintiff is also entitled to costs of the suit.
Why Plaintiff Won:
The court found that the plaintiff is the absolute owner of the plaint schedule building and has a valid landlord-tenant relationship with the defendant.
The court found that the plaintiff is the absolute owner of the plaint schedule building and has a valid landlord-tenant relationship with the defendant.
Losing Side's Weaknesses:
The court found that the plaintiff is the absolute owner of the plaint schedule building and has a valid landlord-tenant relationship with the defendant.
The court found that the plaintiff is the absolute owner of the plaint schedule building and has a valid landlord-tenant relationship with the defendant.
Supporting Evidence
The plaintiff has proved that he is the owner in possession of the plaint schedule house. According to DW1, the defendant did not pay land tax after 2008. Ext. A3 was executed in the year 2008. Ext. B1 to B3 are the Electricity Bills produced by the defendant. Though the defendant has denied the title of the plaintiff, he has failed to adduce any contra evidence to substantiate his case.
Judgment Evidence:
In the result, the suit is decreed as follows: 1.The defendant is directed to surrender the vacant possession of the plaint schedule building to the plaintiff within 3 months from the date of this decree.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Adimaparambil Abdul Razaq
- Party Age
- 44
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Nedumparambil Abdul Latheef
- Party Age
- 45
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Fathima
- Relation
- W/o
Plaintiffs Documents
Certified copy of Partition Deed No.2097/2008, Certified copy of Jenm Assignment deed No.2607/2009, Certified copy of Jenm Assignment deed No.1746/1/2008, Registration copy of Jenm Assignment deed, Rent Agreement dated 11-1-2010, True copy of Regd. Lawyer Notice, Building Tax Receipts, Land Tax Receipts.
Defendants Documents
Electricity Bill dated 25-02-2016, Electricity Bill dated 17-3-2019, Electricity Bill dated 1-10-2018.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri.E.C. Suresh
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. P.P. Basheer
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.P. Asokkumar
- Appearance Type
- Assisting Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Plaintiff sought eviction of the defendant from the property.
Evidence:
The result of the suit is that the defendant is directed to surrender the vacant possession of the plaint schedule building to the plaintiff within 3 months from the date of this decree.
Documents & Evidence
Document Type:
Certified Copy of Partition Deed
Submitted By:
Plaintiff
Relevance:
This document establishes the title of the plaintiff over the property.
Reference:
Ext.A1
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document further substantiates the plaintiff's ownership claim.
Reference:
Ext.A2
Document Type:
Certified Copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document is crucial in establishing the chain of title related to the property.
Reference:
Ext.A3
Document Type:
Registration copy of Jenm Assignment deed
Submitted By:
Plaintiff
Relevance:
This document proves that the plaintiff is the legally recognized owner of the property.
Reference:
Ext.A4
Document Type:
Certified copy of Order in RCP
Submitted By:
Plaintiff
Relevance:
This document provides context on previous legal proceedings concerning the property.
Reference:
Ext.A5
Document Type:
Rent Agreement
Submitted By:
Plaintiff
Relevance:
This document establishes the landlord-tenant relationship between the plaintiff and defendant.
Reference:
Ext.A6
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
This document shows the plaintiff's demand for arrears and possession of the property.
Reference:
Ext.A7
Document Type:
Reply Notice
Submitted By:
Plaintiff
Relevance:
This document reflects the communication between the parties regarding the lease.
Reference:
Ext.A8
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document demonstrates the plaintiff's payment of taxes related to the property.
Reference:
Ext.A9
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document further reinforces the plaintiff's ownership claims.
Reference:
Ext.A10
Document Type:
Land Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document adds proof of the plaintiff's ongoing responsibilities for the property.
Reference:
Ext.A11
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document reinforces the plaintiff's claims of ownership with tax responsibilities.
Reference:
Ext.A12
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document adds to the evidence of ownership through tax payment.
Reference:
Ext.A13
Document Type:
Building Tax Receipt
Submitted By:
Plaintiff
Relevance:
This document supports the plaintiff’s claims regarding property maintenance.
Reference:
Ext.A14
Document Type:
Tax receipt
Submitted By:
Plaintiff
Relevance:
This document adds detail to the plaintiff's evidence of ownership.
Reference:
Ext.A15
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
This document is presented by the defendant to support their claims of right over the property.
Reference:
Ext.B1
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
This document further supports the defendant's claims regarding the property.
Reference:
Ext.B2
Document Type:
Electricity Bill
Submitted By:
Defendant
Relevance:
This document is part of the evidence provided by the defendant.
Reference:
Ext.B3
Case Classification
Case Type
Civil Suit
Category
Eviction and Rent Control
District
Malappuram
State
Kerala
Court Establishment
Munsiff Court, Tirur / Rent Control Court
Common Reasons
Case Code
Case between Adimaparambil Abdul Razaq vs Nedumparambil Abdul Latheef regarding eviction of defendant from the plaint schedule house.
Case Code Year
Case between Adimaparambil Abdul Razaq vs Nedumparambil Abdul Latheef regarding eviction of defendant from the plaint schedule house.