Case Summary
The case involves Asha Dulari, the landlord, seeking eviction of Muhammed Mazoor Abdul Salam, the tenant, due to non-payment of rent. The respondent has defaulted on rent since December 10, 2023, leading to legal action for eviction.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the tenant and payment of costs of proceedings.
Case Type
Eviction Petition
Final Judgment
No
The court allowed the eviction petition, directing the tenant to vacate the premises within 30 days while granting an opportunity to deposit the arrears of rent within a month.
Why Plaintiff Won:
The tenant defaulted in rent payment and there was no challenge to the landlord's claims.
The tenant defaulted in rent payment and there was no challenge to the landlord's claims.
Losing Side's Weaknesses:
The tenant defaulted in rent payment and there was no challenge to the landlord's claims.
The tenant defaulted in rent payment and there was no challenge to the landlord's claims.
Supporting Evidence
The deposition of PW1 and Exts.A1 to A4 would prove the case of the petitioner. As there is no challenge on the side of counter petitioner, I have not seen any infirmity in the case of the petitioner.
Judgment Evidence:
In the result, the petition is allowed as follows:- 1.The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Asha Dulari
- Party Age
- 63
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Muhammed Mazoor Abdul Salam
- Party Age
- 44
- Relation
- S/o
Plaintiffs Documents
Original Rent Agreement dated 07/02/2022, Legal Notice dated 29/03/2025, Postal receipt dated 29/03/2025, Returned postal articles.
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Nisa Fazil
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The counter petitioner is directed to hand over the vacant possession of petition schedule building immediately within 30 days from the date of this order U/s. 11(2)(b) of the Kerala Building (Lease and Rent Control) Act.
Relief Type:
Other
Outcome:
Partly Granted
Description:
Opportunity for the respondent to deposit arrears to vacate eviction order.
Evidence:
The order passed under clause one shall not be executed for a period of one month from today and the tenant/respondent may, within the said period, deposit the arrears of rent as per Ext. A1 agreement plus rent arrears till date with interest at 6% per annum.
Relief Type:
Cost
Outcome:
Granted
Description:
Respondent liable to pay costs of the proceedings.
Evidence:
The counter petitioner is also liable to pay the costs of the proceedings.
Documents & Evidence
Document Type:
Original rent agreement
Submitted By:
Plaintiff
Relevance:
Establishes the terms of the lease agreement between the petitioner and the respondent.
Reference:
Ext.A1
Document Type:
Legal Notice
Submitted By:
Plaintiff
Relevance:
Serves as a demand for payment of arrears and timely possession of the property.
Reference:
Ext.A2
Document Type:
Postal receipt
Submitted By:
Plaintiff
Relevance:
Supports the claim by providing proof of sending the legal notice.
Reference:
Ext.A3
Document Type:
Returned postal articles
Submitted By:
Plaintiff
Relevance:
Indicates that the respondent received the notice but did not respond.
Reference:
Ext.A4
Case Classification
Case Type
Eviction Petition
Category
Eviction and Rent Control
District
Kollam
State
Kerala
Court Establishment
Munsiff Court Kollam
Common Reasons
Non-payment of rent
Case Code
Case between Asha Dulari vs Muhammed Mazoor Abdul Salam regarding eviction under the Kerala Building (Lease and Rent Control) Act.
Case Code Year
Case between Asha Dulari vs Muhammed Mazoor Abdul Salam regarding eviction under the Kerala Building (Lease and Rent Control) Act.