Case Summary
This Rent Control Petition is filed by Ayissu against Nellyamkandi Mammu and Muhammad for eviction due to cessation of occupation. The respondents have not paid rent and kept the shop room closed for more than 8 months.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of tenants and costs granted.
Case Type
Rent Control Petition
Final Judgment
No
The petition is allowed, directing the respondents to vacate the shop room within 30 days.
Why Plaintiff Won:
The court found that the respondents ceased to occupy the shop room for more than 2 years without reasonable cause.
The court found that the respondents ceased to occupy the shop room for more than 2 years without reasonable cause.
Losing Side's Weaknesses:
The court found that the respondents ceased to occupy the shop room for more than 2 years without reasonable cause.
The court found that the respondents ceased to occupy the shop room for more than 2 years without reasonable cause.
Supporting Evidence
The primary burden is upon the landlord to prove that the respondent/tenant has ceased to occupy the petition schedule shop room for more than 6 months without reasonable cause. The commission report has clearly pointed out that the petition schedule shop room remained closed for more than 2 years without any reasonable cause.
Judgment Evidence:
The Rent Control Petition is allowed U/s 11(4)(v) of the Act and the respondents/tenants are directed to vacate the vacant possession of the shop room to the petitioner/landlord within a period of 30 days from the date of order.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Ayissu
- Party Age
- 75
- Relation
- W/o
- Party Role
- Defendant
- Party Name
- Nellyamkandi Mammu
- Party Age
- 71
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Muhammad
- Party Age
- 28
- Relation
- S/o
Plaintiffs Documents
Rent Kychit Agreement entered in between Ayissu, Mammu and Muhammad.
Defendants Documents
Advocates
- Party Role
- Petitioner
- Advocate Name
- Sri. I. Rajan
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondents from the shop room based on cessation of occupation.
Evidence:
The petition is allowed U/s 11(4)(v) of the Act and the respondents/tenants are directed to vacate the vacant possession of the shop room to the petitioner/landlord within a period of 30 days from the date of order.
Documents & Evidence
Document Type:
Rent Deed
Submitted By:
Plaintiff
Relevance:
The rent deed establishes the lease agreement between the petitioner and the respondents for the shop room.
Reference:
Ext.A1
Document Type:
Commission Report
Submitted By:
Court
Relevance:
The commission report is used to prove cessation of occupation by the respondents.
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
Cessation of occupation
Case Code
Case between Ayissu vs Nellyamkandi Mammu et al regarding eviction of tenants
Case Code Year
Case between Ayissu vs Nellyamkandi Mammu et al regarding eviction of tenants