Case Summary
The petitioners, Dr. P.K. Abdul Nassar and Babu Navaz P. K, are seeking eviction of the respondent Rafeek M.A due to non-payment of rent and violation of lease terms. The respondent has accrued significant arrears and has failed to comply with prior legal notices.
Judgment Outcome
Judgment Favored
Plaintiff
Relief Granted
Eviction of the respondent from the petition schedule building
Case Type
Rent Control Petition
Final Judgment
No
The court allowed the petition for eviction due to the respondent's failure to pay rent. The respondent is directed to vacate the premises within 30 days.
Why Plaintiff Won:
The petitioners provided sufficient evidence of rent arrears and violations of lease terms.
The petitioners provided sufficient evidence of rent arrears and violations of lease terms.
Losing Side's Weaknesses:
Not available
Not available
Supporting Evidence
The unrebutted oral testimony of PW1 and Exts. A2 to A4 established his case as pleaded by him. It shows that the rent is in arrears. In the absence of any countervailing evidence to contradict this proof of petition claim, I learn that same remains uncontroverted and accordingly admitted and the petitioner is entitled to the relief as prayed for.
Judgment Evidence:
In the result, The petition is allowed u/s 11(2)(b) of the Act with costs as follows: The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Parties Involved
Parties
- Party Role
- Plaintiff
- Party Name
- Dr. P.K. Abdul Nassar
- Party Age
- 64
- Relation
- S/o
- Party Role
- Plaintiff
- Party Name
- Babu Navaz P. K
- Party Age
- 52
- Relation
- S/o
- Party Role
- Defendant
- Party Name
- Rafeek M.A.
- Party Age
- 46
- Relation
- S/o
Plaintiffs Documents
Copy of plaint in OS 642/2024, Office copy of lawyer's notice dated 07.08.2024, Original postal receipt, Original acknowledgment card
Defendants Documents
Advocates
- Party Role
- Plaintiff
- Advocate Name
- Kabil Chandran T.
- Appearance Type
- Main Counsel
- Party Role
- Plaintiff
- Advocate Name
- Anjali K.
- Appearance Type
- Main Counsel
Reliefs
Relief Type:
Eviction
Outcome:
Granted
Description:
Eviction of the respondent from the petition schedule building.
Evidence:
The petition is allowed u/s 11(2)(b) of the Act with costs.
Relief Type:
Possession
Outcome:
Granted
Description:
Petitioner to be put in possession of the property within 30 days.
Evidence:
The respondent/tenant is directed to put the landlord/petitioner in possession of the petition schedule building within 30 days from today.
Relief Type:
Costs
Outcome:
Granted
Description:
Petitioner entitled to get costs from the respondent.
Evidence:
The petitioner is entitled to get the costs of the petition from the respondent.
Documents & Evidence
Document Type:
Copy of plaint
Submitted By:
Plaintiff
Relevance:
Filed to support the petitioner's claim.
Reference:
Ext.A1
Document Type:
Office Copy of Lawyer's Notice
Submitted By:
Plaintiff
Relevance:
Served to the respondent to demand payment of due rent.
Reference:
Ext.A2
Document Type:
Original Postal receipt
Submitted By:
Plaintiff
Relevance:
Proves the sending of the legal notice to the respondent.
Reference:
Ext.A3
Document Type:
Original A/D Card
Submitted By:
Plaintiff
Relevance:
Confirms receipt of the legal notice by the respondent.
Reference:
Ext.A4
Case Classification
Case Type
Rent Control Petition
Category
Eviction and Rent Control
District
Ernakulam
State
Kerala
Court Establishment
Munsiff Court, Ernakulam
Common Reasons
Non-payment of rent
Case Code
Case between Dr. P.K. Abdul Nassar, Babu Navaz P. K vs Rafeek M.A regarding eviction for non-payment of rent
Case Code Year
Case between Dr. P.K. Abdul Nassar, Babu Navaz P. K vs Rafeek M.A regarding eviction for non-payment of rent