Case Summary
Ali. P.M has filed petitions against V.K. Sasi for eviction from the premises and for recovering rent arrears. The petitioner claims that the respondent has not paid rent and has made unauthorized alterations to the property.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Vacant possession of the petition schedule room to be handed over to the petitioner within two months.
Case Type
Rent Control Petition
Final Judgment
No
The court has allowed the petitions, directing the respondent to vacate the premises and hand over vacant possession to the petitioner within two months.
Why Plaintiff Won:
The court found a landlord-tenant relationship and that the respondent defaulted on rent and made unauthorized alterations.
The court found a landlord-tenant relationship and that the respondent defaulted on rent and made unauthorized alterations.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The petitioner contended that he is running textile business namely Chantham Textiles in the Room bearing No. KP 10/624 since 1997. He requires petition schedule rooms for expanding his business. The room is very small and there is no space to stock textiles and allied materials.
Judgment Evidence:
Rent Control Petition in RCP 58/19 allowed with costs as follows: 1. The respondent is hereby directed under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within two months from the date of this order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ali. P.M
- Party Age
- 56
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- V.K. Sasi
- Party Age
- 56
- Relation
- S/o
Plaintiffs Documents
Copy of Lawyer Notice, Certified copy of Janmam Deed No. 377/2019, Certified copy of Janmam Deed No. 738/2019
Defendants Documents
Original License Agreement executed between Joseph and respondent, Photocopy of License Agreement executed between Antony Joseph and respondent.
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Sri. Janil John
- Appearance Type
- Main Counsel
- Party Role
- Defendant
- Advocate Name
- Sri. K.B. Sivarama Krishnan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Direction to respondent to vacate the petition schedule room.
Evidence:
The respondent is hereby directed under Section 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within two months from the date of this order.
Relief Type:
Eviction
Outcome:
Granted
Description:
Direction to respondent to vacate the petition schedule room.
Evidence:
The respondent is hereby directed under Section 11(4)(v) and 11(8) of the Kerala Buildings (Lease and Rent Control) Act, 1965 to hand over vacant possession of the petition schedule room to the petitioner within two months from the date of this order.
Documents & Evidence
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent demanding payment of rent and vacating premises.
Reference:
Ext.A1
Document Type:
Lawyer Notice
Submitted By:
Plaintiff
Relevance:
Notice sent to the respondent demanding payment of rent and vacating premises.
Reference:
Ext.A2
Document Type:
Janmam Deed
Submitted By:
Plaintiff
Relevance:
Proof of ownership of the property by the petitioner.
Reference:
Ext.A3
Document Type:
Janmam Deed
Submitted By:
Plaintiff
Relevance:
Additional proof of ownership of the property by the petitioner.
Reference:
Ext.A4
Document Type:
License Agreement
Submitted By:
Defendant
Relevance:
Photocopy of the agreement showing the tenant's claim of being a licensee.
Reference:
Ext.B1
Document Type:
License Agreement
Submitted By:
Defendant
Relevance:
Original license agreement executed between Joseph and respondent.
Reference:
Ext.B2
Document Type:
License Agreement
Submitted By:
Defendant
Relevance:
Photocopy of license agreement executed between Antony Joseph and respondent.
Reference:
Ext.B3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the condition of the premises.
Reference:
Ext.C1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the condition of the premises.
Reference:
Ext.C2
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the condition of the premises.
Reference:
Ext.C3
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the condition of the premises.
Reference:
Ext.C4
Document Type:
Commission Report
Submitted By:
Court
Relevance:
Report assessing the condition of the premises.
Reference:
Ext.C5
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Kozhikode
State
Kerala
Court Establishment
Munsiff Court 2 Kozhikode
Common Reasons
Case Code
RCP
Case Code Year
2019